The United States government under President Donald Trump has introduced a new immigration rule that advocates warn could place transgender travellers and migrants at greater risk of scrutiny, visa denials and even deportation.
The regulation, titled “Enhancing Vetting and Combating Fraud in the Diversity Immigrant Visa Program,” was finalised on 11 March. It requires visa applicants to disclose their “biological sex at birth”, even if it differs from the gender marker on their passport or other official documents.
Although initially presented as applying to the Diversity Immigrant Visa Program — commonly known as the green card lottery — the US State Department has confirmed the requirement will extend to all visa applications.
Under the new rule, immigration systems will record only sex assigned at birth and recognise just two categories: male or female. Critics say this creates immediate complications for transgender and non-binary applicants whose legal documents reflect their gender identity.
Advocates warn that discrepancies between official documents and immigration records could lead to processing delays, visa refusals or allegations of fraud. In some cases, these inconsistencies may also arise later during border checks, asylum screenings or deportation proceedings.
The policy aligns with a broader executive order directing federal agencies to define sex strictly as a biological classification and remove references to gender identity from government frameworks.
It follows a series of controversies surrounding gender markers on official documents issued to transgender public figures, including RuPaul’s Drag Race alumni Aja and Adore Delano, as well as Euphoria actor Hunter Schafer.
Since Trump’s return to office, the administration has introduced multiple policies affecting transgender people, including restrictions on gender-affirming care and broader efforts to roll back recognition of gender identity in federal policy.
Legal experts have also raised concerns about how the rule could be enforced. Immigration authorities, including Immigration and Customs Enforcement (ICE), may use recorded data to more closely scrutinise transgender applicants and migrants.
Sean Ebony Coleman, founder and CEO of LGBTQ+ organisation Destination Tomorrow, criticised the measure in a statement to The Advocate.
“The Trump administration’s new rule allowing DHS and ICE to scrutinise and potentially deny visas and immigration benefits to people based on perceived ‘gender identity fraud’ is the administration’s latest political attack on America’s transgender community,” Coleman said.
“While framed as an immigration measure, this rule builds on the Trump administration’s efforts to restrict recognition of gender identity and limit access to personal government documents,” he added. “Policies like this create harm and open the door to profiling, harassment, and discrimination against transgender people, including U.S. citizens.”
Destination Tomorrow, a Bronx-based organisation, provides housing, healthcare, workforce development and community programmes for LGBTQ+ people, particularly transgender and gender-nonconforming individuals.
Coleman stressed that the consequences of the policy extend beyond paperwork.
“Transgender people deserve to live openly and safely without government actions that turn identity into a reason for suspicion, exclusion, or unequal treatment under the law,” he said.
Immigration lawyers have also warned that LGBTQ+ asylum seekers — particularly those fleeing countries where homosexuality is criminalised — may face heightened risks if inconsistencies in documentation trigger further investigation during the visa process.
