On July 7, 2025, U.S. Customs and Border Protection (“CBP”) instructed airlines and other travel carriers on a new rule that they must submit "M" (male) or "F" (female) in the sex field of the pre-departure information they transmit to CBP through the Advanced Passenger Information System (APIS), even if the traveler's passport contains a sex indicator other than M or F or does not otherwise indicate the sex of the traveler. This new rule, which has been in practice since July 14, 2025, is based on Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.
Read moreUSCIS Abandons Third Gender Option
On April 2, 2025, United States Citizenship and Immigration Services (“USCIS”) announced it is updating the USCIS Policy Manual to recognize only two biological sexes, male and female, for all immigration-related benefits requests and documentation. Under the guidance, “USCIS considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth.” The decision will impact a variety of key documents that the USCIS issues, including green cards, employment authorization documents, and naturalization certificates.
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