US Immigration to Recognize Only Two Genders: A Policy Shift 2025

Written by

Inayat Sharma

Fact check by

Shrishti Bajpai

Updated on

Apr 16,2025

US Immigration to Recognize Only Two Genders: A Policy Shift-TerraTern

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The U.S. Citizenship and Immigration Services (USCIS) made a critical change through which it recognizes only male and female identities on all official forms alongside applications. Under the previous Biden-era policy, immigrants could choose the "X" gender option in their immigration applications but this practice was terminated when the policy changed. The executive order signed by President Donald Trump brought about this decision to remove third gender options from official forms and this choice has generated national discussions about biological clarity and concerns for human rights and inclusivity.

 

Background of the Policy Change

The announcement that establishes the new policy emerged from an executive order called "Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government" issued by President Donald Trump. The policy requires USCIS to verify natural gender by using birth certificates issued soon after birth which establish either male or female sex. The evaluation of secondary evidence will be used to establish the applicant's sex following a birth certificate which shows non-binary or third-gender identification.

The USCIS forms throughout history gave applicants to select between male (M) and female (F) gender identities. The Biden administration brought forward the "X" option in USCIS documentation to support people who define their gender outside traditional male and female categories. The inclusion of the non-binary option brought administrative complexities to USCIS staff when handling documents containing non-traditional gender markers.

Also Read: Navigating the Shifting Sands: Are Green Card Holders Truly Secure

Rationale Behind the Decision

The Trump administration presents this policy revision as part of their initiative to introduce "common sense" standards in government operations. Homeland Security Assistant for Public Affairs Tricia McLaughlin explained that the new immigration approach represents the transition to factual biological realities instead of following abstract beliefs. She clarified that controlling immigration serves national security goals while staying clear of ideological outlooks that could endanger children or weaken women's well-being and security.

The policy's advocates state that dealing with only two gender categories assists administrative systems and stops fraud attempts while upholding traditional gender concepts. The process remains vital for them because it helps protect established social standards as well as safeguard vulnerable individuals.

Impact on Immigrants

Immigrants who utilise the third gender category experience particular hardship because of the recent policy change eliminating that option.

  • Immigrants who previously chose the "X" marker now encounter troubles as they attempt to synchronise their identification documents with the requirements set by USCIS.

  • Advocacy group lawsuits might target the policy as an attempt to show discrimination toward individuals who do not identify within binary gender categories.

  • Numerous individuals suffer psychologically when their official gender recognition becomes impossible, which produces feelings of alienation and invisibility.

Those who oppose this policy claim that making gender identity changes harder to process has damaged the recent achievements in immigration inclusivity while erecting new obstacles for people who fail to match binary gender criteria.

Reactions from Advocacy Groups

Multiple LGBTQ+ advocacy organisations, together with human rights organizations, view this decision as both discriminatory and taking a step backwards. Diverse gender recognition delivers crucial benefits to social equality and respect, according to these organisations. Non-binary individuals face discrimination from an official stance that goes against worldwide acceptance because numerous countries now offer third-gender identification options.

Supporters from traditional values groups see this decision as a triumph which upholds their fundamental principles. The proponents maintain that sex-based policies offer concrete standards which cannot be easily distorted.

Comparison to Global Practices

The U.S.'s decision contrasts sharply with policies in other nations:

Country

Gender Options on Documents

Policy Approach

Canada

Male (M), Female (F), X

Inclusive; recognizes non-binary identities

Germany

Male (M), Female (F), Diverse

Legal recognition of third gender

India

Male (M), Female (F), Transgender

Recognizes transgender as a distinct category

United States

Male (M), Female (F)

Restricts recognition to biological sexes

While countries like Canada and Germany are expanding recognition of diverse gender identities, the U.S. is taking a more restrictive approach under this new policy.

Also Read: US Immigration Targets Elderly Indians with Green Cards Amid Scrutiny

Potential Legal Ramifications

The adjusted policy will most likely encounter legal resistance from civil rights advocacy groups. Criticism exists against this policy due to its alleged violation of both constitutional gender identity and sex discrimination safeguards. The judiciary will need to decide if this plan breaches individual rights which are covered by federal laws.

The human rights commitments under international agreements and treaties require investigation due to this policy change. The policy can potentially damage the diplomatic connections between the United States and nations that follow broader gender category principles.

 

Conclusion

USCIS established new immigration rules that allow only two gender categories to be included in their processing system. The policy has received support because defenders claim it brings back ease and follows natural biological functions, yet its detractors believe it damages the struggle for equality and diversity. This policy adjustment exposes the ongoing social conflicts about how the government should recognise gender identity.

This policy alteration's validity faces doubts regarding legal examination and public reception. The policy change shows a clear impact on individuals who challenge normal male and female categories.

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Frequently Asked Questions

What does the new USCIS policy entail?

The new policy restricts gender recognition on immigration forms to male (M) and female (F), eliminating the third-gender option ("X") introduced during the Biden administration.

Why was this change implemented?

The Trump administration argues that recognizing only two genders aligns with biological reality and simplifies administrative processes while safeguarding national security.

How does this affect non-binary immigrants?

Non-binary individuals may face challenges aligning their identity documents with USCIS requirements, potentially leading to legal disputes or feelings of exclusion.

Are there legal challenges expected against this policy?

Yes, advocacy groups are likely to challenge the policy in court, arguing that it discriminates against non-binary individuals and violates constitutional protections.

How does this compare to global practices?

While countries like Canada and Germany recognize third-gender options on official documents, the U.S. has taken a more restrictive approach under this policy change.