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2.0

USCIS changes Form N-400 (Application for Naturalization) to no longer allow "X" gender marker

  1. Original Date Announced

    March 4, 2025

    USCIS announced that Form N-400, “Application for Naturalization,” had been updated and that the January 20, 2025 edition would be effective immediately.

    The updates to Form N-400 include:

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

    In the supporting statement that USCIS submitted to the Office of Management and Budget alongside the updated form, the agency stated that this change was necessary to comply with Section 2 and 3 of EO 14168, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." USCIS characterized the change as a “non-substantive change to a currently approved collection request” for which "[p]ublication of Federal Register Notices is not required."

    Trump 2.0 [ID #1605]

    2025.01.20 USCIS - N-400 Form 2025.01.20 USCIS - N-400 Instructions 2025.02.18 USCIS - N-400 Form Table of Changes 2025.02.18 USCIS - N-400 Instructions Table of Changes 2025.02.18 USCIS - N-400 Supporting Statement 2025.02.18 USCIS - N-400 Justification for No Material/Nonsubstantive Change 2025.02.20 OMB - N-400 Approval 2025.03.04 USCIS - N-400 Announcement
  2. Effective Date

    April 4, 2025
  3. Subsequent Trump and Court Action(s)

    • March 7, 2025

      2025.03.07 AILA v. USCIS - Complaint

      The American Immigration Lawyers Association (AILA) and co-counsel brought suit to challenge USCIS’s policy of implementing new editions of immigration forms with no notice and no grace period. The lawsuit identifies 10 forms for which USCIS required immediate changes, including N-400. All of the form changes relate to the elimination of gender markers. The suit alleges that the USCIS’s policy violates the Administrative Procedure Act. American Immigration Lawyers Association v. USCIS, No. 1:25-cv-00678 (D.D.C.).

      **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
    • March 8, 2025

      2025.03.08 USCIS - N-400 Updated Effective Date

      USCIS changed the new form's effective date to April 4, 2025.

      View Document

Current Status

None

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