Washington, D.C., [April 2, 2025] – U.S. Citizenship and Immigration Services (USCIS) has announced an update to its Policy Manual, reaffirming its recognition of only two biological sexes—male and female—in benefit requests and document issuance.
According to the agency, this update aligns with President Trump’s January 20, 2025, executive order, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This marks a return to USCIS’s historical policy regarding sex classification.
Policy Details
The USCIS announcement states:
“Under this 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. If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence. See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence, Section B, Primary and Secondary Evidence [1 USCIS-PM E.6(B)].”
Furthermore, the agency clarifies that it will not deny benefits solely based on the incorrect indication of sex on a request form. However, it does not issue documents with a blank sex field or with a sex marker different from what is stated on the individual’s birth certificate issued at or nearest to the time of birth. As a result, applicants who do not specify their sex or indicate a sex different from that on their birth certificate may face delays in adjudication.
Implications and Reactions
The policy update is expected to impact a range of immigration benefits and documentation processes. Legal and advocacy groups have begun analyzing the potential effects of this change on various communities. Meanwhile, public reaction remains mixed, with some praising the policy for adhering to biological definitions and others expressing concerns about its implications for non-binary and transgender individuals.
For further details, USCIS has provided additional information in a Policy Alert [PDF].
