Patrick, who lives in Texas, has been waiting for nearly eight weeks since submitting his passport application. So far, there has been no notification regarding its approval status. Meanwhile, important documents are being held by the government.

In 2022, he and his wife got married, applying for new passports to finally enjoy their honeymoon, which was postponed due to COVID-19. While his wife’s passport was approved within a week, Patrick received a notification that his application was stalled.

Along with his application, which he had carefully reviewed with friends, he submitted his birth certificate and a court order reflecting his gender identity as male. “It’s exhausting. I’m disappointed. I’m frustrated,” he expressed to YSL News. Due to safety and privacy issues, some individuals are only named by their first name.

Following President Donald Trump’s executive orders, the government now recognizes only two genders, male and female, asserting that these identities are immutable. This policy is being enforced across all governmental documents, including visas and passports.

This situation has not only delayed Patrick’s honeymoon indefinitely but has also caused him to feel anxious and trapped. “If I need to seek asylum somewhere, I can’t leave the country,” he remarked. “I feel like I’m stuck here.”

Patrick is among many transgender, nonbinary, and intersex individuals facing ambiguity about their passport status under the current policy, raising concerns about how this administration may affect their rights and future.

“If our gender markers don’t align with our identities, it will cause issues for us, whether it’s renting a car, getting a hotel room, or buying a house,” said Mikaela, a transgender woman from Texas, whose passport is still pending after several weeks. “People often overlook the extensive repercussions of this situation.”

What does the new policy mean for passports?

According to a spokesperson from the State Department, “In alignment with that Executive Order, U.S. passports will reflect an individual’s biological sex as stated in the Order.” They have halted processing applications “requesting a different sex marker than specified by the Executive Order,” including changes to a binary gender or the introduction of the “X” marker.

Since the Transgender Day of Visibility in 2022, an option for a third gender has been available, providing an option for individuals who do not identify strictly as male or female. Previously, applicants could choose male, female, or the “X” marker without needing medical documentation, easing the process for those whose birth certificates do not match their gender identity.

Carl Charles, a senior attorney at Lambda Legal, a civil rights organization advocating for LGBTQ+ rights, said, “I can confidently say that LGBTQ+ advocates will challenge this.”

What about those who already submitted their passport applications?

“I’m advising people to be cautious about submitting an application now if they are seeking an ‘X’ gender marker or a binary gender change,” he added.

With the suspension of applications, many people are left unsure about the whereabouts of their critical documents, including old passports, which are still with the passport offices. It remains unclear if their documents will be returned, leaving them unable to travel internationally. The State Department has stated that updates will be available on their website “as soon as we are able.”

Charles suggests that individuals keep checking their application status online and stay in touch with legal advocacy groups for any updates. “Unfortunately, people are just waiting and feel stuck in limbo,” he pointed out. “There’s little they can do.”

Patrick added, “For those who aren’t trans, nonbinary, or experiencing this struggle, it’s important to remember that if this isn’t affecting you, there’s a term for that: privilege.” He urged people to understand the stress that comes with basic rights, like wondering if their passport or ID will be processed, and to show some compassion as they navigate these challenging times.

‘Stripping away of autonomy’

“There are numerous related consequences stemming from this action,” Charles said. “This doesn’t even touch upon the emotional and mental health effects on transgender people, who make up less than 1% of the U.S. population yet experience significant discrimination in employment, healthcare, and education. This new development only adds to the struggles faced by transgender individuals.”

The executive order represents another blow to LGBTQ+ rights. This new directive affects over 2 million Americans identifying as transgender or nonbinary, according to the Human Rights Campaign, along with approximately 5.6 million intersex individuals.

For many transgender people, passports are their main form of identification, particularly when other documents are held up during the lengthy process of changing their gender. An absence of a passport reflecting their identity creates additional safety risks and hinders their access to vital services and travel in a society where they often feel threatened.

Violet, a transgender woman, who submitted her passport application on January 16 and even paid for expedited shipping, shared how important it is to her to have her documents updated from male to female. “As of Monday, my application is still listed as processing,” she noted.

“This situation is not merely about the delay of documents,” she explained. “It’s not just a simple administrative transfer. It specifically targets certain groups with intentional actions.”