Trump Admin Begins Processing Some Trans Passport Updates, Though It Will Maintain Data On Requests

On Wednesday, at least some transgender people applying for passports in person at passport offices for urgent travel have received updated passports with correct gender markers.

Photo by Kelly Sikkema on Unsplash

On Tuesday, a government source familiar with the process told Erin In The Morning that approvals are beginning to move forward for transgender people seeking to correct the gender markers on their passports. At least two transgender people who applied in person on an urgent travel basis at passport offices confirmed separately that they have received their updated passports. The news comes after weeks of intentional delays and reported noncompliance with a federal court ruling requiring the government to process such requests. However, transgender applicants changing their passports will have data collected indicating their class status—data that could potentially be used to compile lists of transgender passport holders, especially if the court’s ruling is later overturned.

Notably, as of the time of publication, the decision to process gender marker changes only applies to in-person passport applications for urgent travel, though it is expected to expand to mail-in applications in the coming days.

In June, a federal judge granted class certification to all transgender people seeking to update the gender markers on their passports. The decision expanded a previous ruling—originally limited to a handful of plaintiffs—which found that blocking such updates likely violated the Equal Protection Clause of the U.S. Constitution. The certified classes include transgender individuals without a valid passport, those with a passport set to expire within a year, those needing to update their gender marker or name, or those reapplying due to a lost or stolen passport. Passport offices will instruct applicants to sign an attestation form affirming they fall within one of these protected classes; at least two transgender readers has confirmed they were informed of the form which will be given to them by the passport office tomorrow.

In the immediate aftermath of the class ruling, multiple transgender people reported that they were not granted passports, even though the ruling took effect immediately. Several transgender people went to passport offices to receive rush passports due to impending travel, and were denied updated gender markers and told their passport may be held indefinitely while they await guidance on the ruling. One transgender person in San Francisco was denied a passport after an agent at the passport office reportedly responded to a question about following the court order by saying, “We don’t answer to courts.” When the applicant asked, “You’re telling me you don’t have to follow the law?” the supervisor replied, “We don’t.”

In response to the continued lack of compliance, the ACLU filed a motion to compel compliance, stating that the State Department had “not complied and are refusing to provide meaningful information to Plaintiffs about when they will be in compliance.” That motion appears to have been effective in pressuring the government, as passport approvals have now reportedly begun—at least for transgender individuals who visited passport agencies in person, have confirmed upcoming travel, and require emergency processing. For those applying through more traditional means, it is uncertain when the new procedures will be disseminated.

It’s important to note that individuals who apply through the updated process will have data collected indicating that they belong to the certified class—effectively identifying them as transgender and seeking to update their passport. For those concerned with privacy, this may factor into whether they pursue the update, especially amid escalating government crackdowns on transgender people. Still, for many, the ability to travel with an accurate gender marker may outweigh the risks.

As of Wednesday morning, multiple transgender individuals have reported successfully obtaining updated passports at in-person passport offices. These approvals appear to have been granted on an urgent travel basis—applicants had confirmed international travel within weeks, such as hotel bookings or plane tickets. One recipient shared the attestation form required to process the request, seen here:

Transgender people who wish to update their passports are advised to hold off until official word is announced either by the government or organizations involved in the legal process, according to a source at the ACLU, who stated that they could not confirm that passports are being processed yet. The ACLU currently maintains a FAQ that transgender people should follow closely to determine when and how they should update their passports.

Update: The state department has released official guidance here. For those wanting to update their passports, your window opens now and may not remain open long.