Subsequent Trump and Court Action(s)

• February 7, 2025

  2025.02.7 DOS Guidance to Visa-Issuing Posts on EO 14168 on Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

  Media sources obtained a copy of cable that Secretary of State Marco Rubio issued on February 7th providing guidance to visa-issuing posts on the implementation of Executive Order 14168, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." The cable instructs consular officers to take note of and revise discrepancies in sex markers on passports and other visa documents to reflect the applicant's sex at birth, including by requesting additional evidence from the applicant. Where an applicant's documents list "X" or "unspecified," they must instead select "male" or "female."

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• February 7, 2025

  2025.02.07 Orr v. Trump, 1:25-cv-10313 (D. Mass.) - Complaint

  On February 7, 2025, seven transgender and nonbinary U.S. citizen plaintiffs filed a class action lawsuit in the U.S. District of Massachusetts, challenging the government's policy of using gender markers reflecting individuals' sex assigned at birth under EO 14168. The plaintiffs allege that this policy, as it relates to the issuance of U.S. passports, violates the First and Fifth Amendments, as well as the Administrative Procedure Act (APA). They seek declaratory and injunctive relief to vacate agency actions taken according to this policy and to prevent further implementation. Orr v. Trump, 1:25-cv-10313 (D. Mass.).

  **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

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• February 19, 2025

  2025.2.19 Complaint, National Urban League v. Trump, 1:25-cv-00471 (D.D.C.)

  On February 19, 2025, the National Urban League, the National Fair Housing Alliance, and the AIDS Foundation of Chicago filed a lawsuit in the D.C. District Court challenging EO 14168, among other anti-DEI executive actions. The lawsuit argues that provisions of these orders, including § 3(d) EO 14168, violate the First and Fifth Amendments, as well as the Administrative Procedure Act. Nat'l Urban League v. Trump, 1:25-cv-00471 (D.D.C.).

  **See litigation note above**

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• February 20, 2025

  2025.02.20 Complaint, San Francisco AIDS Foundation v. Trump, 3:25-cv-01824 (N.D. Cal.)

  On February 20, 2025, nine LGBTQ+ advocacy organizations filed a lawsuit in the Northern District of California challenging EO 14168 and two anti-DEI EOs. The complaint argues that these EOs and agency implementation actions violate presidential statutory authority, the Fifth Amendment Equal Protection and Due Process Clauses, and the First Amendment Free Speech Clause. San Francisco AIDS Foundation v. Trump, 3:25-cv-01824 (N.D. Cal.).

  **See litigation disclaimer in entry above.**

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• February 26, 2025

  2025.02.24 DOS: Guidance for Visa Adjudicators on Executive Order 14201 "Keeping Men Out of Women's Sports"

  Media sources obtained a copy of a cable that Secretary of State Marco Rubio issued on February 24, 2025 laying out the process for assessing visa eligibility for transgender female athletes attempting to come to the United States for women's sports competitions. Section 6 of the memo requires that “all visas must reflect an applicant’s sex at birth” and gives officials the authority to "refuse the case under 221(g)" and request additional evidence of birth sex if there is a discrepancy or "reasonable doubt" as to the applicant's sex. Section 7 provides that in cases where applicants are “suspected of misrepresenting their purpose of travel or sex,” officers should “consider whether the misrepresentation is material such that it supports an ineligibility finding under INA section 212(a)(6)(C)(i).”

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• April 2, 2025

  2025.04.02 USCIS: Policy Alert - Recognizing Male and Female Sexes in USCIS Benefit Requests Review and Document Issuance

  USCIS Policy Manual update clarifying that the agency recognizes only two biological sexes for purposes of reviewing benefit requests and USCIS-issued documents, consistent with the EO described in this entry. Among other provisions, the guidance provides:

  • USCIS considers a person’s sex to be that which is generally evidenced on the birth certificate.
  • Where the birth certificate that was issued at or near the time of birth is missing or indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.
  • USCIS-issued documents reflect a person’s sex consistent with the person’s birth certificate or secondary evidence. USCIS does not issue documents with a blank sex field.
  • Where there is a conflict between what the benefit requestor indicates as his or her sex on the benefit request and the birth certificate, USCIS considers the birth certificate to be controlling, except when relying on secondary evidence may be more appropriate.
  • USCIS will not deny benefits solely based on a failure to select male or female or a failure to indicate a sex consistent with the birth certificate or secondary evidence.

  This guidance, contained in Volumes 1, 11, and 12 of the Policy Manual, is effective immediately and applies to benefit requests pending or filed on or after April 2, 2025.

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