It has now been nearly eight weeks since Patrick, who is based in Texas, submitted his passport application, and he has yet to receive any updates on its approval status. In the meantime, several important documents are being held by the government.

He and his wife got married in 2022, and both of them submitted applications for new passports to finally enjoy their long-delayed honeymoon due to the COVID-19 pandemic. While his wife received her passport approval within about a week, Patrick was informed via a letter that his application had been postponed.

He included his birth certificate and a court order verifying his gender change, indicating he identifies as male. “It’s exhausting. I’m disappointed. I’m frustrated,” he expressed to YSL News. Some individuals in this article are only referred to by their first names for safety and privacy reasons.

When Donald Trump took office, he issued a series of executive orders, one of which mandated that the federal government “recognize only two sexes, male and female,” and stated that “these sexes are not changeable.” This policy is now being enforced by various government agencies, including the U.S. State Department, for all official identification documents like visas, passports, and Global Entry cards.

This situation not only puts Patrick’s honeymoon plans on hold indefinitely but also raises concerns and anxiety. “If I ever need to seek asylum, I can’t leave the country,” he mentioned. “I feel like I’m stuck here.”

Patrick’s experience is shared by many transgender, nonbinary, and intersex individuals who are grappling with uncertainty regarding their passport status under the new policy, as well as the broader implications this administration might have on their rights and futures.

“If our gender markers don’t align with our true selves, it creates numerous obstacles, from securing housing to renting cars and booking hotel rooms—everything you can think of,” stated Mikaela, a transgender woman in Texas whose passport application is still pending after several weeks. “There are so many more issues involved that people often overlook.”

What does the new policy mean for passports?

“In accordance with that Order, the issuance of U.S. passports will now reflect an individual’s biological sex as outlined in the Executive Order,” a spokesperson from the State Department informed YSL News via email. The processing and issuing of all applications requesting a different sex marker than what’s specified in the Executive Order have been put on hold, including those asking for a binary gender change or the “X” gender marker.

Since the Transgender Day of Visibility in 2022, a third gender option has been available for individuals who don’t identify strictly as male or female. Previously, applicants could choose male, female, or the “X” gender marker when submitting their application, not needing to provide medical documentation—removing a significant barrier for those whose birth certificates do not match their gender identity.

“I am almost certain that LGBTQ+ advocates will challenge this new rule,” said Carl Charles, a senior attorney at Lambda Legal, an organization focused on civil rights for LGBTQ+ individuals.

What happens to those who have already applied for a passport?

“I believe individuals should think very carefully before submitting an application right now if they fall into the category of requesting an ‘X’ gender marker or a binary gender change,” Charles cautioned.

With the suspension of applications, many individuals are left wondering about the fate of their important documents—including old passports—which remain with the passport offices. There’s no clarity on whether those documents will be returned, and currently, they are unable to travel abroad. The State Department has stated that updates will be made available on its website “as soon as we are able.”

Charles encourages people to keep monitoring the status of their applications online and to stay connected with legal advocacy groups for updates. “Unfortunately, many individuals are in a waiting game and in limbo,” he commented. “There isn’t much that can be done.”

“I think for those who are not transgender or nonbinary and are not dealing with these issues, they should remember that if this isn’t impacting you, that’s called privilege,” emphasized Patrick. “They’re fortunate not to be burdened with concerns over fundamental rights and the stress regarding whether my passport or identification will be processed. I hope people could extend a bit more understanding as we navigate these complicated challenges.”

‘Deprivation of agency’

“There are numerous attendant consequences to this one significant action,” Charles stated. “This does not even begin to address the emotional and mental health effects this situation has on transgender individuals, who make up less than 1% of the U.S. population yet face disproportionately high levels of discrimination in areas such as employment, healthcare, and education. This recent development adds to the already challenging experience for trans individuals.”

This executive order represents yet another effort to roll back LGBTQ+ rights. The new policy affects over 2 million Americans who identify as transgender or nonbinary and about 5.6 million individuals born intersex, according to the Human Rights Campaign.

For many transgender people, a passport is their main form of identification, especially when other documents can be delayed during the gender transition process. Not having a passport that reflects their true identity poses another risk and hurdle to accessing essential services and traveling, especially in a country where they often feel unsafe.

“I know many people take pride in their names and identities, and it’s incredibly dehumanizing to feel your agency being stripped away,” voiced Violet, a transgender woman who submitted her passport application on January 16, opting for expedited shipping in an effort to update all her documents from male to female. As of Monday, her application status is still marked as processing.

“In my view, this isn’t just about delaying people’s requests; it’s not merely an administrative hold-up,” she remarked. “It’s an intentional targeting of specific groups and an execution of deliberate measures.”