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2.0

DOS proposes changes to Form DS-11 (Application for a U.S. Passport), and will no longer issue passports with "X" sex markers

  1. Original Date Announced

    February 14, 2025

    The State Department issued a notice requesting public comment on proposed changes to Form DS-11, the application for a U.S. passport, in compliance with EO 14168, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." DOS proposes that the revised application form will:

    • Request the applicant's biological sex at birth, and will only allow responses of "M" or "F," not "X"; and
    • Replace the term "gender" with "sex."

    In addition, the form will be revised to add an applicant statement confirming that the applicant is not required to register as a sex offender, in accordance with International Megan's Law (34 U.S.C. § 21501 et seq., and 22 U.S.C. § 212b).

    The Department will accept comments from the public up to March 20, 2025.

    Notably, the State Department has released a version of Form DS-11 on its website that puts this proposed change into effect immediately, even though this proposal is currently in the 30-day notice period under the Paperwork Reduction Act process. The version of Form DS-11 currently being provided by the Department of State has an expiration date of 12/31/2023, and does not allow the "X" gender marker to be selected.

    Trump 2.0 [ID # 1446]

    2025.02.14 30-Day Notice of Proposed Information Collection: Application for a U.S. Passport Form DS-11_Supporting Statement for Paperwork Reduction Act Submission Form DS-11_U.S. Passport Application on State Dept website as of Feb 5 2025

  3. Subsequent Trump and Court Action(s)

    • 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 and terminating the use of "X" gender markers. The plaintiffs allege that this passport policy 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**

      View Document

Current Status

None

Original Trump Policy Status

Status: Proposed Comment Period
Trump Administration Actions: Agency Directive Forms and Information Collection
Subject Matter: Citizenship
Agencies Affected: DOS

Associated or Derivative Policies

Pre Trump-Era Policies

Commentary

  • 2025.01.23 Rubio instructs staff to freeze passport applications with ‘X’ sex markers - The Guardian

    Secretary of State Marco Rubio reportedly first directed DOS staff to stop issuing passports and other official documents with "X" sex markers. His directive states: "[T]he policy of the United States is that an individual’s sex is not changeable" and "sex, and not gender, shall be used" in official documents. This directive affects pending and future applications.

    Go to article

  • Comments by Immigrant Legal Resource Center (ILRC) on Form DS-11 during 30-day comment period

    Go to article

Documents

Trump-Era Policy Documents

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© 2025 Immigration Policy Tracking Project