New federal rules force all applicants into male/female categories—regardless of identity.
The United States has reinstated a policy that recognizes only two biological sexes—male and female—in all immigration benefit forms and procedures, as announced by U.S. Citizenship and Immigration Services (USCIS). This policy came into effect on April 2, 2025, and applies to both new applications and those already in process.
According to the update published in the USCIS Policy Manual, sex fields must now be filled out exclusively as either male or female. Determination will be based on the sex listed on the applicant’s birth certificate. If that document lists a different category, secondary evidence will be evaluated, according to the federal agency.
This change follows an executive order signed by President Donald Trump on January 20, 2025. The White House document states it is federal policy to “restore biological truth” in all administrative procedures, framing this move as a rejection of “ideological impositions” that deviate from binary sex recognition.
The executive order is titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” It mandates that all federal policies must exclusively recognize biologically determined male and female sexes. The order claims this approach protects the safety and dignity of women from what it describes as “gender ideology extremism.”
It argues that gender categories beyond biological sex disrupt the coherence of government systems and compromise sex-segregated spaces like public facilities, schools, and workplaces. The document does not outline exceptions for non-binary gender identities.
From April 2, 2025, applicants must select only “male” or “female” on all USCIS forms. Omitting this field or selecting a category that doesn’t match the birth certificate could delay the processing of an application. However, USCIS clarified that benefits will not be denied solely for that reason.
Furthermore, USCIS will no longer issue official documents with blank sex fields or identifiers outside the federally recognized binary. This affects green cards, work permits, naturalization certificates, and more.
Tricia McLaughlin, Deputy Assistant Secretary for Public Affairs at the Department of Homeland Security (DHS), said this move is part of a national security strategy—not an inclusion policy. She emphasized that the immigration system should not be used to promote gender ideologies, but rather align with a “simple biological reality.”
Her statement supports Trump’s campaign promise to enforce a binary-only federal policy.
This change undoes multiple measures adopted during the Biden administration. In March 2023, USCIS allowed applicants to select their gender marker without needing medical or legal proof. By April 2024, a non-binary “X” gender option was added to some forms.
These options are now removed. USCIS has not yet released guidance on how to handle existing applications that used the “X” marker before April 2, 2025.
All individuals must now identify as either male or female based on their birth certificate. This policy directly impacts transgender and non-binary people, who can no longer use gender markers outside the binary or request documents that reflect those identities.
Although USCIS says it won’t deny applications solely based on sex marker inconsistencies, administrative delays may occur. No specific appeals process or guidance has yet been provided for individuals who previously received documents with an “X” marker.
