On 20 January 2025, the US government tightened the rules regarding the gender marker on American passports. From now on, the United States will no longer issue passports with an X gender marker. This new rule also has consequences for Europeans who want to apply for a ESTA or a visa, especially for individuals belonging to the LHBTI community.
The US will stop issuing passports with X gender marker
On 20 January 2025, US President Donald Trump signed the executive order Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. According to Trump, this will protect women against gender ideology and will restore the biological truth.
As a consequence, since late January, the US are only issuing passports with a M (male) or F (female) sex marker, and this will need to match the biological sex determined at birth. Since the end of January, no passports are being issued with the X gender marker. This is a step back from the measure that President Biden had introduced in 2022, which allowed citizens to use the X gender marker in their passport. That being said, existing American passports with X gender marker or a gender other than the one determined at birth will remain valid until the expiry date of the passport.
Stricter travel advice
Since the inauguration of the new US Trump administration, European travellers are being confronted to increasingly stricter border controls. After the entry into force of Trump's new law, individuals who identify themselves as non-binary or transgender should better be aware that they may be interrogated upon arrival in the US. For this reason, in March 2025, a series of European countries tightened their travel advice for the USA. The governments of France, The Netherlands, Belgium, Germany, Ireland, Danemark and Finland advise their citizens to carefully plan their trip and apply for their ESTA or visa to the USA.
Travellers are strongly advised to always travel with a valid ESTA or visa and to strictly adhere to the travel purpose indicated in the application. They are also recommended to respect the maximum length of stay allowed by the ESTA or visa. In addition, they'd better have with them a copy of their return flight ticket proving that they will leave the United States during the validity period of the ESTA or visa. Furthermore, individuals belonging to the LHBTI community are reminded that United States laws and customs may differ from those of most European countries.
Sex marker in the ETA application
The new law regarding the sex marker in passports not only affects Americans, but also Europeans wishing to travel to the United States on an ESTA or visa. Travellers must indicate the sex that was determined at their birth on the application form, and this even if the person in question now identifies as belonging to a different sex.
If your passport has the X gender marker, or if the sex marker in your passport is different from the sex determined at the time of your birth, you should better contact the American consulate before applying for your ESTA. The American consulate will be able to provide further information about the current admission requirements.