USCIS updates its policy and only recognizes the biological sexes male and female

The United States Citizenship and Immigration Services (USCIS) announced this Wednesday an update to its Policy Manual clarifying that, henceforth, it will only recognize two biological sexes: male and female.

The measure, published by USCIS on its website, responds to the Executive Order of January 20, 2025, titled Defending Women from Gender Ideology Extremism and Restoring Biological Truth in the Federal Government, signed by President Donald Trump.

"There are only two sexes – male and female," stated Tricia McLaughlin, Deputy Assistant Secretary for Public Affairs at the Department of Homeland Security.

"President Trump promised the American people a common-sense revolution, and this includes ensuring that the U.S. government's policy reflects a simple biological reality."

Under this new policy, USCIS considers legal sex to be that which is indicated on the birth certificate issued at the time of birth or shortly thereafter.

In cases where the document does not clearly indicate a male or female gender, secondary evidence will be used to determine it.

Although USCIS will not automatically deny a benefit due to discrepancies in the gender field, it did clarify that it will not issue official documents with the gender field left blank, nor with a gender different from what is generally reflected on the birth certificate.

The agency warned that applicants who do not indicate their gender or present a gender different from the one officially registered may face delays in the processing of their cases.

Additionally, USCIS will notify applicants if it issues documents that do not match the sex indicated by the applicant.

This guide applies from April 2, 2025, and covers all pending applications or those submitted from that date onward.

The changes affect volumes 1, 11, and 12 of the USCIS Policy Manual and replace any previous guidance on gender recognition.

Countries in the European Union warn about the risks of traveling to the U.S. due to border controls and treatment of LGBTQ+ individuals

An increasing number of countries allied with the United States have issued travel warnings in recent days directed at their citizens, especially LGBTQ+ individuals, in light of the new immigration and social policies implemented by the U.S. government.

According to a report by Newsweek, the Netherlands and Belgium are the latest to update or announce updates to their travel advisories for the U.S., warning about legal differences in the treatment of sexual minorities and a tightening of border controls.

The Ministry of Foreign Affairs of the Netherlands warned that U.S. customs laws and regulations regarding LGBTQ+ individuals may differ significantly from those applied in its territory.

Belgium, for its part, will also update its recommendations due to the "stricter border controls" and new challenges for LGBTQ+ individuals, according to the U.S. media outlet.

According to Newsweek, these actions add to those recently taken by Germany, the United Kingdom, Denmark, and Finland, which have also issued warnings for those planning to travel to the United States.

Although none of them constitutes a formal prohibition, they all agree on the risk that even individuals with valid documents—such as visas or ESTA authorizations—may encounter difficulties when trying to enter the country.

The common concern revolves around the implementation of stricter immigration policies, potential border interrogations, and unequal treatment towards certain groups. Ireland, for example, updated its travel advisory with specific warnings for transgender individuals.

These warnings reflect, according to Newsweek, a growing concern among European governments regarding the unpredictability of the U.S. immigration control system, despite the fact that the United States continues to be regarded as a key strategic partner.

The President of the United States, Donald Trump, signed a series of executive orders in January that eliminate the diversity and inclusion policies based on gender enacted by the administration of Joe Biden.

The measures, which were revealed by a White House official cited by CNN, aim to reverse several initiatives related to "gender ideology" and Diversity, Equity, and Inclusion (DEI) programs in the federal government.

Recently, the United States government announced that it would begin to collect social media information from immigrants applying for immigration benefits in the country.

The Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) published an official statement in the Federal Register on Wednesday, detailing the measure and opening a 60-day public comment period before its implementation.

Frequently Asked Questions about the USCIS Biological Sex Recognition Policy