Original Date Announced

Section 3(d) of Presidential EO "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government" directs Secretaries of State and Homeland Security to implement changes requiring that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect holder’s sex, as defined under section 2 of the EO. Section 2 defines sex as "an individual’s immutable biological classification as either male or female," and excludes the concept of "gender identity."

Several forms issued by the Department of State (DOS) have been modified as a result of this EO, including:

• DS-11, Application for U.S. Passport;
• DS-82, U.S. Passport Renewal Application; and
• DS-5504, Application for a U.S. Passport for Eligible Individuals: Correction, Name Change to Passport.

Similarly, several forms issued by U.S. Citizenship and Immigration Services (USCIS) have been modified to only permit applicants to indicate as a response to their gender either "M" or "F," but not "X". These forms include:

• Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records
• Form N-400, Application for Naturalization
• Form I-192, Application for Advance Permission to Enter as a Nonimmigrant
• Form I-134, Declaration of Financial Support
• Form G-325A, Biographic Information (for Deferred Action))
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-918, Petition for U Nonimmigrant Status
• Form I-914, Application for T Nonimmigrant Status
  

Trump 2.0 [ID# 1421]

Subsequent Trump and Court Action

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."

Subsequent Trump and Court Action

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.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

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**

Subsequent Trump and Court Action

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 note above**

Subsequent Trump and Court Action

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).”

Subsequent Trump and Court Action

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.

Subsequent Trump and Court Action

2025.04.18 Order Granting Preliminary Injunction, Orr v. Trump, 1:25-cv-10313 (D.Mass)

District Judge Julia Kobick issued a preliminary injunction in Orr v. Trump, finding that the plaintiffs are likely to succeed on their claim that the State Department’s Passport Policy and Executive Order 14168 violate the Fifth Amendment. The court enjoined the State Department from enforcing the Passport Policy against the six named plaintiffs only and ordered the agency to issue them passports consistent with the Department’s policy as of January 19, 2025. The injunction takes effect immediately and remains in place through judgment on this suit.

The court denied plaintiffs' motion to set aside the Passport Policy under the APA and issued no relief that would extend beyond the named plaintiffs to the putative class generally.

The court's memorandum explaining its ruling can be found here.

Orr v. Trump, No. 1:25-cv-10313 (D. Mass.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.06.17 Preliminary Injunction - Orr v. Trump

District Judge Kobick granted class certification and expanded the preliminary injunction to all class members who seek a passport with a different "M/F" sex designation or an "X" designation and who face the same irreparable harm as the six named plaintiffs. The court ordered the State Department to process and issue passports consistent with its policy as of January 19, 2025, and to permit class members to self-select a sex designation that is different from the sex assigned to those individuals under the Passport Policy. The court's memorandum explaining its ruling can be found here. Orr v. Trump, No. 1:25-cv-10313 (D. Mass.).

**See litigation note above**