A new administrative requirement from the US authorities is changing the way people travel to the United States. From January 2025, applicants for visas and ESTA (Electronic System for Travel Authorisation) will have to state their sex at birth. This measure, enshrined in a presidential decree, highlights the rejection of the recognition of gender identity beyond the traditional categories of male and female. The implications of this directive are numerous and are causing growing concern within the international community, particularly for transgender and non-binary travellers.
Since 20 January 2025, new US regulations have required travellers to declare their sex at birth when applying for a visa and ESTA (Electronic System for Travel Authorisation). This directive, which has provoked strong reactions, has significant implications for transgender and non-binary people, who find themselves in a situation of uncertainty as to their ability to enter the United States.
Context and implementation of the directive
The recent measure was introduced following a presidential decree by an administration that decided to simplify the identification process for travellers. This new legislative framework stipulates that the United States will only recognise two traditional sexesmale and female, as defined at birth. Travel documents must now contain this information in order to be valid for entry into the United States.
This decision raises questions about both gender identity and human rights. Information revealed shows that passports mentioning a "sex X" for non-binary people, adopted by certain countries such as Canada, will not be accepted by the American authorities.
Impact on travellers
As a result, people who define themselves differently from the "male" or "female" categories may encounter significant difficulties when travelling to the United States. Several testimonies describe situations where transgender nationals, with passports marked "X", have been subjected to routine checks that can lead to prolonged questioning or inconvenience at the border.
In addition, although specific cases of refusal of entry have not been officially confirmed, associations such as Amnesty International and STOP homophobia are signalling more complex processes for these members of the community. The governments of countries such as Denmark and Germany have also warned their citizens about risks of barriers to entry in the United States for transgender people.
Voices against discrimination
The directive quickly triggered reactions in the voluntary sector. Denouncing the measure as dangerously discriminatory, human rights organisations argue that it reinforces the isolation of trans and non-binary people. The association STOP homophobie, for example, wishes to warn that the return to a binary definition of gender identity could have damaging effects for this population, by exacerbating their vulnerability.
These groups are urging the French and European authorities to firmly oppose these practices, which are deemed unacceptable. They are concerned about other consequences, such as arbitrary exclusions and refoulements based solely on travellers' gender identity.
Government reaction and recommendations
In response to this delicate situation, the Canada has advised citizens with an "X" marker in their passport to take extra precautions before travelling. The Canadian government points out that each country has the right to determine the conditions of entry into its territory, making the decision to travel the personal responsibility of the traveller.
Le French Ministry of Foreign Affairs has updated its travel recommendations to inform citizens of this new requirement. The precautions put in place are designed to make travellers aware of the potential complications they could encounter when entering the United States.
Conclusion: Visamundi at your side
At Visamundi, we know that these recent changes may raise concerns for many travellers interested in visiting the United States. Our team is on hand to provide you with all the information you need about visa and ESTA application procedures. Don't hesitate to ask us for advice tailored to your situation and to help you navigate through these new administrative requirements.
Comparison of ESTA requirements by sex at birth
| Criteria | Details |
| Gender recognition | Male and female only |
| Documents required | Passport showing sex at birth |
| Impact on non-binary people | Not recognised, "X" not accepted |
| Border risks | More complex process for certain identities |
| Recent legislation | Presidential decree of 20 January 2025 |
| International reactions | Governments and rights associations alerted |
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