The U.S. Citizenship and Immigration Services has revised its policy to officially recognize only two biological sexes—male and female—when processing immigration benefit applications. This change, effective from April 2, 2025, follows an executive order issued in January by President Donald Trump, aimed at aligning federal practices with what the order describes as biological reality.
The updated policy instructs officers to rely primarily on the sex designation listed on a birth certificate issued at or near the time of birth. If a birth certificate does not specify a non-binary or unspecified gender, secondary evidence may be used to determine the applicant’s sex. This clarification has been incorporated into multiple sections of the USCIS Policy Manual and replaces previous guidance.
Officials from the Department of Homeland Security have stated that the change is part of a broader effort to ensure federal documentation reflects consistent and accurate information. Tricia McLaughlin, Assistant Secretary for Public Affairs, emphasized that the policy is intended to reinforce biological definitions and support what she described as national security and good governance. She stated that the policy is not intended to validate ideologies that depart from biological standards or that may negatively affect women and children.
The agency clarified that applications will not be denied based solely on sex designation. However, it will not issue documents that include blank or alternative sex fields inconsistent with official records. Any inconsistencies between submitted information and official documentation may lead to processing delays, and applicants will be notified if such discrepancies arise.
This policy applies to all immigration benefit requests submitted on or after April 2, 2025, including those that are still under review.
