Travel & Passport Rights for Transgender People

Federal agencies maintain independent records going back decades. 

The Social Security Administration, the State Department, and other agencies each hold their own data, and the current administration appears to have directed those agencies to coordinate on sex-at-birth determinations across their records. 

This means that even when a person’s birth certificate, driver’s license, and Social Security records have all been updated to reflect their gender identity, the State Department may still be accessing records that predate those updates to establish sex assigned at birth. 

This is not a bureaucratic error or an administrative inconsistency. It is the intended operation of the current policy. The administration has directed the federal government to look past updated documents to establish what it calls “biological sex,” and federal agencies have the records to do so. 

The ACLU filed a federal lawsuit, Orr v. Trump, challenging this policy. A federal court issued a preliminary injunction in June 2025 temporarily blocking the policy — but in November 2025, the U.S. Supreme Court allowed the administration to enforce the policy while the legal challenge continues. The case is still active as of April 2026, with both sides filing motions for summary judgment. 

Bottom line: Until courts rule otherwise, anyone who applies for a new passport, a renewal, or a replacement will more than likely receive a passport reflecting their sex assigned at birth. 

If your current passport has a gender marker that matches your gender identity and presentation, you can continue to use it for travel. 

A few things to keep in mind: 

- Your passport is a valid, federally issued document. No one can require you to surrender it before it expires. 

- Trans travelers have reported increased scrutiny at borders and airports. Know your rights: you are not required to explain your gender identity or medical history to TSA or border agents. 

- Consider keeping a copy of your court-ordered name change and any legal documentation with you when traveling. 

- If your name on your passport matches your name on your airline ticket, you should not face additional barriers from TSA for that reason alone. 

- Advocates for Trans Equality (A4TE) has an Airport Security Know Your Rights guide about security procedures. 

Many trans people currently hold passports that show their sex assigned at birth, which may not match their current presentation. 

This is a difficult situation, and it is important to know: 

- A mismatched sex marker on your passport is not, by itself, grounds to prevent you from traveling. 
However, if your appearance has changed significantly enough that you can no longer be identified from your passport photo, the State Department requires you to apply for a new passport. If you can still be identified from your current photo, do not apply for a new passport. Because you may be traveling with a mismatched sex marker under current policy, it is especially important that your photo match your current appearance so you can be readily identified. 

- TSA screening procedures for transgender travelers are a concern under the current administration. Stories from recent travelers indicate that individual officer discretion is a real factor, screening technology can produce alerts related to trans bodies, and mismatched documents can result in additional screening, delays, and potential mistreatment. Check A4TE’s Airport Security Know Your Rights guide before you travel — it is actively updated. 

- For international travel, your passport is your primary document. Carry any supporting documentation you have — court name change orders, a letter from your physician, etc. — as backup. If you must present documents at the same time that have different sex designations, having additional documentation linking those documents to you, such as a court order or a letter from a medical provider, can help. 

Many families of transgender youth believe that when their child’s passport expires and they apply for a new one, they are simply “renewing” it. This is incorrect, and the distinction matters significantly under the current policy. 

A passport issued to a child under the age of 16 is valid for five years. When that passport expires and the child is 16 or older, they must apply for an adult passport. That application is treated as a brand new application — not a renewal. It goes through the full application process, including a review of sex-at-birth records, regardless of what the child’s previous passport showed. 

Some families also believe that because their child’s minor passport was issued using an amended birth certificate reflecting the child’s gender identity, there is no prior record the government can use to issue a passport in the sex assigned at birth. Federal records do not work that way. The State Department has access to records across multiple agencies, including records that predate any amendments. An amended birth certificate updates a state record; it does not remove or override federal records reflecting the original sex designation. 

Families who are counting on a child’s corrected minor’s passport as protection when the child applies for an adult passport should be aware: that protection does not exist under the current policy. 

- A first-time adult passport application will reflect the sex assigned at birth on the original birth certificate, regardless of any changes to the birth certificate, driver’s license, or other documents. 

- The Social Security Administration also no longer permits sex marker changes, and the State Department may cross-reference SSA records. 

- You can change your legal name on a passport by submitting a certified court order. However, under the current policy, requesting a name change could trigger the State Department to update the sex marker on your passport to match your birth sex — even if you had previously obtained a corrected marker. Consult an attorney before making any changes to an existing accurate passport. 

If your child is approaching 16 or preparing to apply for their first adult passport, here are some practical considerations: 

- Think carefully about whether to apply now or wait for the legal landscape to shift. If your child does not have urgent international travel needs, waiting may be an option. 

- If they do need a passport soon, it will be issued with their birth sex. This is painful — and it is also the legal reality right now, not a permanent one. 

- Focus on what you can control at the state level: driver’s license, state ID, and — in states where it’s possible — birth certificate updates. These remain governed by state law and are not affected by the federal executive order. 

- Keep a copy of all legal name change documentation. Even if the gender marker can’t be updated, a consistent legal name across documents reduces travel friction. 

One example of a letter received by a transgender passport applicant is excerpted below. The specific language may vary, but the nature of the requests is consistent across reported cases: 

“We reviewed your passport application and cannot continue until you respond to this letter. 

The evidence used to amend your birth certificate is not shown. Please send: 
- The original documents used to amend your birth certificate, or 
- If the vital records office did not require documents to amend your birth certificate, please submit a signed statement describing the process. If the amendment involved a name change, please include the details.

Also, additional information is requested. Please send: 
- Early public records that show your name and sex at the time of your birth. Your biological sex at birth is not clear from the documents you submitted. 
- Examples of early public records include the following items, if issued near the time of your birth: medical records, hospital birth records, religious records, early school records, and/or any other public documents created at or near the date and place of your birth.” 

The letter is asking the applicant to prove they were once someone else. For transgender people who have lived as themselves for years or decades — who may never have had these records, who may have had them destroyed, or who simply no longer have access to them — this request carries a burden far beyond what it appears on its face. 

If you receive a letter like this, do not respond before consulting an LGBTQ+-affirming attorney or legal organization. Specifically: 

- Do not submit court orders, medical records, or any documentation related to your transition. Providing this information may give the State Department additional grounds to deny your application or create a record you did not intend to create. 

- Do not submit a signed statement describing the process used to amend your birth certificate without legal guidance. How that statement is worded matters, and the consequences of an imprecise statement are not yet well understood. 

- Do not assume that responding quickly or thoroughly will resolve the situation. There is no evidence that prompt or detailed responses to these letters are resulting in accurate passport issuance. 

- Do not assume that not responding is without consequence. Failing to respond will result in your application being denied or your documents being returned without processing. Note the deadline stated in the letter and get legal help before it passes. 

- Contact Lambda Legal’s Help Desk as soon as possible. Lambda Legal is actively tracking these cases and may be able to provide direct assistance or a referral to counsel. 

- Contact the ACLU LGBTQ & HIV Project. The ACLU’s ongoing litigation in Orr v. Trump means they have direct, current knowledge of how the State Department is processing these cases. 

- Contact GLAD Law. GLAD’s legal team handles identity document cases and can provide guidance specific to your situation. 

- Document everything. Keep copies of your original application, all correspondence from the State Department, and records of any phone calls — including dates, times, and names of any representatives you speak with. 

- If you are facing an urgent travel deadline, say so when you first contact a legal organization. Urgency affects what options may be available.