LGBTQ+ civil rights groups are urging transgender Americans to update their passports now, while a court order forces the State Department to process new applications. For most of this year, trans and nonbinary Americans have been blocked from obtaining passports that match their gender identity, spurring travel fears and causing bureaucratic headaches for many. But now, at least for a limited time, trans people can obtain accurate passports again.
The American Civil Liberties Union (ACLU), which brought the lawsuit that resulted in this relief, has published detailed steps for trans people navigating this process. Those holding passports that expire within one year, or a passport with an outdated name or gender marker, can apply for a corrected passport from the State Department. As of July 2, the agency is processing these applications and issuing updated passports, in response to a June 17 court order.
“If people are eligible to obtain a passport under the current rules, and they don’t currently have one — or their passport will be expiring very soon — now is probably the time to move ahead with that application,” said Olivia Hunt, director of federal policy at the nonprofit Advocates for Transgender Equality.
There is a sense of urgency for trans people to get this done soon, said Arli Christian, senior policy counsel in the ACLU’s national political advocacy department. The government has asked the judge in this case to dissolve the injunction allowing trans people to update their passports. Advocates expect the agency to continue to fight, as the Trump administration has prioritized rolling back transgender rights.
The 19th spoke with legal and policy experts to break down what steps transgender people should follow to update their passports and what risks they may face while doing so.
How do I know if I’m eligible?
On June 17, a federal court ordered the State Department to allow Americans whose gender identity differs from their sex at birth to self-select the gender on their passport as the ACLU’s lawsuit continues. All transgender Americans fall into this category, unless they already have a valid passport with a gender marker that matches their identity — one that will not expire in over a year.
This court order extends relief to any transgender person who has been kept from obtaining an accurate passport. This includes ‘X’ passports. This relief applies whether applicants have refrained from getting an accurate passport under the Trump administration or if the government has issued them an inaccurate one in the last six months.
Is there any risk in updating my passport right now?
Yes. The State Department is keeping tabs on transgender people applying for an accurate passport as members of the affected class in this lawsuit. Specifically, the agency is tracking attestation forms and wants to revoke and replace passports if a higher court rules in its favor. However, even if the agency were to win this case, experts disagree on whether the government has the ability, both legally and practically, to replace passports on a large scale.
“Every person has to evaluate that risk for yourself,” Christian said. The information on passport applications is still protected by privacy laws, they added. “I know there’s a fear of, like, ‘is this letting the government know that I’m trans?’ Per our privacy laws, it is narrower than that.”
Carl Charles, an attorney in the southern regional office of Lambda Legal, the nation’s largest LGBTQ+ legal group, doesn’t believe that the State Department has the authority to revoke passports that it issues under this court order — because these passports are not being issued erroneously. Although the secretary of state can cancel any U.S. passport if it appears that document was fraudulently obtained or created illegally, the agency is issuing valid passports and following a judge’s order to do so.
The State Department has also fired thousands of workers, Hunt said. The agency may not have enough personnel to carry out replacing so many passports, she said — although based on the government’s actions so far, the Trump administration has prioritized targeting trans people regardless of effort or cost. She expects the agency to try and follow through on its promise here.
As to the agency tracking attestation forms, the federal government may already have records on whether an applicant is a transgender person, Charles said. That’s how the State Department has been able to deny trans people accurate passports in the first place, he said, by looking through individual records for previous passports with a different sex marker.
However, the extent of those records are most likely limited.
“Up until January, there was no easy way for the State Department to pull a list of all people who’d updated their gender marker,” Hunt said. “There may not be a list in existence of trans people who updated their information in the past.”
Civil rights groups say that trans people should consider their own situation before applying for a new, accurate passport — how urgently do they need the document? Are they traveling soon?
“If folks do not have a passport that’s expiring imminently, rushing to update it might not be the best idea,” Hunt said. “Ultimately, each person needs to make their own decision about what’s right for them.”
How do I get my new passport?
First, fill out an attestation form found on the State Department’s travel website, under the “sex marker in passports” page. This form is essential, as it tells the government you are a class member entitled to recourse under the ACLU’s lawsuit.
Then, fill out the application that matches your situation; whether you need to renew a passport or get one for the first time. You’ll need form DS-11, DS-82 or DS-5504. The latter is used to file a correction if your passport has the wrong gender marker on it as part of the Trump administration’s policies.
If you are applying for a passport with an ‘X’ gender marker, there will not be an ‘X’ option on your application form, according to the ACLU — but there is one on the attestation form. Leave the sex selection blank on your passport form, but check the ‘X’ marker on your attestation form. This will indicate the correct gender marker for your new passport.
Bring these documents to your local passport acceptance facility, which includes post offices and some public libraries, or include it in your mailed application. Fees vary, but applications typically cost around $130 without additional expediting charges.
If applying in person, be ready to explain your right to a passport that accurately reflects your gender identity because the clerk or official may not know about recent changes. Provide details about the ongoing lawsuit, Orr v. Trump, and that your attestation form identifies you as a class member seeking relief.
Can I still travel with my existing passport, even if the gender marker is wrong?
Yes, although transgender and nonbinary travelers should carry backup documents and be armed with information in case they face harassment from state and federal officials while traveling. A Real ID-compliant driver’s license can also be used for any domestic flight.
“Your currently issued passport is valid for travel, whether you got it before the Trump administration or in the six months since, or as a part of this class,” Christian said. “No matter what sex designation is on there, it is valid for travel, including X designations.”
Where should I go for help?
The ACLU has an online intake form for transgender people facing issues with obtaining passports with accurate gender markers. Lambda Legal’s help desk also offers resources, although it is not available for emergencies or time-sensitive issues. Additional legal resources can be found on the Advocates for Transgender Equality’s website.
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