US Immigration Services Drops 3rd-Gender Option

The immigration agency has reversed a Biden-era policy, eliminating the ‘X’ gender option and restoring binary sex recognition.

The U.S. Citizenship and Immigration Services building is seen outside of Denver, Colo., on July 14, 2019. Chet Strange/AFP via Getty Images

The agency that oversees immigration services in the United States has announced that it has officially updated its policy to recognize only two biological sexes—male and female—for all immigration-related documentation and benefit requests, which is in line with President Donald Trump’s directive.

U.S. Citizenship and Immigration Services (USCIS) announced in an April 2 statement that it is rescinding a 2024 policy introduced under President Joe Biden that allowed applicants to select a third gender identity option—“X”—on forms and identity documents.

The Biden-era expansion of gender options is now being reversed, with the USCIS stating that the agency is “returning to its historical policy of recognizing two biological sexes.”

“There are only two sexes—male and female,” DHS Assistant Secretary for Public Affairs Tricia McLaughlin said in a statement. “President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the U.S. government agrees with simple biological reality.”

USCIS said its policy shift aligns with Trump’s Jan. 20 executive order—Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government—which made it national policy to recognize male and female as the only two sexes, noting that these are “not changeable and are grounded in fundamental and incontrovertible reality.”

“My Administration will defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male,” Trump wrote in the order.

Citing Trump’s directive, the USCIS has updated its policy guidance, effective immediately, to state that a person’s sex will now be determined based primarily on the sex indicated on the birth certificate issued at or near the time of birth. If no such certificate exists or if it lists a sex other than male or female, secondary evidence may be used to determine sex. In case of discrepancies between an applicant’s stated sex and birth certificate, the sex listed on the birth certificate will generally be decisive.

Documents issued by USCIS—including green cards, employment authorization cards, and naturalization certificates—will reflect sex, not gender. The agency will not issue documents with a blank sex field, and while individuals will not be denied benefits solely because they fail to indicate male or female on forms, this may lead to process delays.

The agency also noted that, besides aligning with Trump’s directive, the changes reflect longstanding legal definitions embedded in immigration law. For example, Section 338 of the Immigration and Nationality Act requires that a person’s sex, not gender, appear on naturalization certificates. Similarly, the law governing family-based visas refers to binary terms such as “sons” and “daughters,” presupposing only two sexes.

According to USCIS, using clearly defined biological sex markers is necessary not just for accurate identity verification and secure document issuance, but also for coordination and data-sharing with other federal agencies.

“Proper management of our immigration system is a matter of national security, not a place to promote and coddle an ideology that permanently harms children and robs real women of their dignity, safety, and well-being,” McLaughlin said.