New Considerations for U.S. Passports, Immigration Forms, and Documents for Trans, Non-binary, and Intersex People

On January 20, 2025, the Trump administration issued an Executive Order targeting transgender, nonbinary, and intersex communities. Oasis Legal Services, in collaboration with Immigration Equality and National Immigrant Justice Center, published an FAQ which provides important information concerning passports and immigration related identity documents in the wake of this Order. As this policy is in direct contrast to how previous administrations and the federal courts have treated sex and gender in recent years, it is likely that lawsuits challenging the Executive Order are imminent.

In the meantime, it is important to note that while an Executive Order does not, by itself, remove rights guaranteed by the U.S. Constitution, it can have real-life implications. Providing as much clarity as is currently available, our FAQ provides initial guidance on how the Executive Order will impact U.S. passports and various immigration documents (such as work permits, green cards, refugee travel documents, and naturalization certificates) for transgender, nonbinary, and intersex individuals.