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In a significant update to its policy, the US Citizenship and Immigration Services (USCIS) has made it clear that it will only recognize two biological sexes—male and female. This move comes after an executive order by President Donald Trump in January 2025 titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The policy change, which took effect on April 2, applies to all current and future immigration benefit requests. The decision signals the USCIS’s return to its historical stance on biological sex, reinforcing a perspective based on traditional views of sex identification.
the Update
The USCIS’s new policy, which aligns with the Trump administration’s stance on biological sex, aims to establish that only male and female sexes are recognized within the immigration system. This decision is directly tied to President Trump’s executive order, issued in January 2025, that prioritizes “biological truth” and aims to protect women from what is described as “gender ideology extremism.”
According to the USCIS, the determination of a
In addition, USCIS specified that it will no longer issue documents with a blank sex field or with a sex designation that differs from what is listed on the original birth certificate. The agency further stressed that this policy is part of a broader effort to ensure the integrity of the U.S. immigration system, which is considered a critical matter of national security.
The change was endorsed by Tricia McLaughlin, Assistant Secretary for Public Affairs at the Department of Homeland Security, who stated that the policy reflects the “simple biological reality” that there are only two sexes—male and female. The new directive is positioned as a move to combat ideologies perceived to be harmful to children and women’s safety and dignity.
What Undercode Says:
The USCIS’s updated stance on recognizing only two biological sexes has generated mixed reactions, largely reflecting the ongoing societal debates about gender identity and biological sex. While supporters argue that this policy restores a sense of clarity and common sense to the U.S. immigration system, critics claim it dismisses the complex realities of gender beyond binary definitions.
This policy update is part of a broader trend of returning to more traditional views on gender, as seen in other policy changes under the Trump administration. By aligning immigration practices with a more defined biological classification system, USCIS is aiming to limit the scope of gender identity politics within federal regulations. However, this approach also risks alienating individuals who identify outside the binary framework, potentially leading to discrimination and exclusion of transgender and non-binary individuals.
In its practical implementation, the focus on birth certificates as the sole determinant of sex could create logistical issues for those whose documents do not align with their current gender identity. Transgender individuals, in particular, may face difficulties in having their gender correctly recognized in immigration procedures, potentially leading to delays or confusion in the processing of their requests.
Moreover, the emphasis on secondary evidence if discrepancies arise suggests that USCIS may not be fully equipped to handle complex cases where legal or medical documentation conflicts with a person’s birth certificate. This could result in administrative hurdles that disproportionately affect vulnerable populations, further complicating the immigration process.
While the new policy seeks to address national security concerns by eliminating ideological influences within immigration practices, the broader implications of this decision could have far-reaching consequences for those who do not conform to conventional gender categories. By excluding non-binary and transgender identities, USCIS risks perpetuating a system that fails to accommodate the evolving understanding of gender in modern society.
Fact Checker Results:
- The USCIS policy is a direct implementation of an executive order signed by President Trump in January 2025, confirming the decision to recognize only two biological sexes.
- The change, effective from April 2, 2025, applies to all immigration benefit requests, both current and future.
- The policy specifies that sex designation on immigration documents will align with what is indicated on the birth certificate, potentially causing delays if discrepancies exist.
References:
Reported By: https://timesofindia.indiatimes.com/technology/tech-news/uscis-plain-and-straight-message-to-h1-b-green-card-and-other-visa-applicants-there-are-only-two-/articleshow/119938630.cms
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