Australian LGBTQ rights groups have issued a travel advisory for transgender and non-binary people planning to visit the United States.
Equality Australia posted an advisory on its website on April 14 stating that the US government’s policy on visas and the Electronic System for Travel Authorization (ESTA) “is as follows:
• Use the term “biological sex”
• Use only the gender marker recorded at birth, even if the gender is different.
• A valid foreign passport with a gender “X” marking and a valid visa (if required) will continue to be accepted, provided that you pass an immigration inspection by a U.S. Customs and Border Protection officer at the port of entry.
• A previously issued valid visa is valid until its expiry date and the visa holder does not need to apply for a new gender-corrected visa until the current visa expires (it is unclear whether this applies to ESTA).
• New visas will only be issued based on the gender marker recorded for the applicant at birth (it is unclear whether this applies to ESTA applications; only the ‘M’ and ‘F’ gender marker options are available for ESTA applications);
• If a consular official reviewing a visa application finds that the applicant’s gender marker recorded at birth is not included in the application, additional evidence (such as past travel records, to an unknown extent) should be evaluated and/or an interview or interview conducted.
• If an individual does not use the sex marker recorded at birth, consular officials should consider classifying the application as a material misrepresentation or fraudulent acquisition of a visa, which could result in a permanent ban from entry from the United States.
Shortly after taking office on January 20, President Donald Trump issued an executive order banning the State Department from issuing passports with the “X” gender marker. In response to the directive, Secretary of State Marco Rubio ordered State Department officials to “suspend applications requesting the ‘X’ gender marker and take no action pending further guidance from the Department.” On April 18, a federal judge in Boston issued a temporary restraining order against the Trump-Vance administration’s directive.
Equality Australia says its recommendations are “relevant for those traveling to the United States” and apply to the following criteria:
• Please have a passport with a gender “X” marker.
• Have an identity document with a gender marker that is different from the gender marker assigned at birth, or where other relevant details (such as name) have been changed;
• Your ID card contains a gender marker that does not match your gender expression.
• Have a track record of LGBTIQ+ activism or other political activism.
“Travel to the United States involves serious risks that you should consider before planning your trip, especially if you fall into any of the categories listed above,” the advisory reads.
Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for transgender and nonbinary people planning to visit the United States.
World Pride is scheduled to be held in Washington, DC from May 17th to June 8th.
InterPride, the organization that coordinates WorldPride events, issued its own travel advisory on March 12 for transgender and nonbinary people wishing to travel to the United States. E-Girl Canada, one of Canada’s largest LGBTQ advocacy groups, announced in February that its members would not attend World Pride or other events in the United States, citing policies from the Trump-Vance administration.
Source: Washington Blade: LGBTQ News, Politics, LGBTQ Rights, Gay News – www.washingtonblade.com
