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Tipsheet

USCIS Stops Biden Gender Policy ‘Effective Immediately’

Mandel Ngan/Pool via AP

U.S. Citizenship and Immigration Services (USCIS), the agency that oversees all immigration services in the U.S., has officially halted the Biden era policy of having a third gender option on immigration forms.

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Its policy guidance has been updated to clarify that it only recognizes two sexes, as the agency has historically required.

However, in April 2024, under the Biden administration, USCIS added another a gender identity marker of “X” as a third option.

USCIS shared Wednesday that this is no longer the case, and, consistent with President Donald Trump’s executive order on “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” it is revoking the option.

USCIS is “now returning to its historical policy of recognizing two sexes to ensure that the information USCIS collects in this category provides a meaningful and useful basis for identification,” a document shows. “An applicant’s sex, like their date of birth, is part of their identity and USCIS uses identity to create secure documents, as well as for screening and vetting. USCIS also shares identity-based data with other agencies of the U.S. government, and data fields such as sex must follow standards for such data sharing to function properly.”

This will impact certificates of naturalization, green cards, employment authorization documents, and more.

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“There are only two sexes — male and female,” Assistant Secretary Tricia McLaughlin stated. “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. 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.”

USCIS will consider a person’s sex as what is listed on his or her birth certificate, and the new guidance replaces the term “gender” with “sex” throughout the USCIS Policy Manual. It also removes any language regarding gender identity from its appendix.

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