The US Citizenship and Immigration Services (USCIS) has updated its policy to clarify that it will now only recognize two biological sexes while processing immigration benefit applications: one is male, and the other is female. The change has been implemented since April 2, 2025, and follows the executive order announced by President Donald Trump in January. The order was titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
Change in policy based on birth certificate
The policy directs USCIS officers to depend on the sex designation recorded on a birth certificate issued during the time of birth or closest to it. If, in a case, the birth certificate does not mention a non-binary or unspecified gender, then secondary evidence will be utilised for determining the sex of the applicant. This explanation has been published across many volumes of the USCIS Policy Manual and replaces any earlier guidance.
National security is cited as a reason behind the decision
Department of Homeland Security (DHS) Assistant Secretary for Public Affairs Tricia McLaughlin defended the change, stating, “There are only two sexes-male and female.” She added that the change in policy is part of a broader initiative to ensure that federal practices reflect what she explained as ‘biological realty’.
“This is about national security and good governance,” McLaughlin added further. It’s not a place to accredit ideologies that undermine biological truth or harm women and children.”
The USCIS highlighted that it would not reject applications solely based on an applicant’s sex designation. It also clarified that it will not issue documents with blank or alternative sex fields that conflict with the official record. Any discrepancies might result in the delay of the processing, and applicants may be informed if the sex mentioned in the official documents is different from the one they have submitted in the application.
The revised policy applies to all immigration benefit requests submitted on or after April 2, 2025, including those that are still in process.