WASHINGTON — The U.S. Citizenship and Immigration Services (USCIS) has revised its Policy Manual to clarify that it will only recognize two biological sexes—male and female—aligning with a January 2025 executive order aimed at enforcing sex-based distinctions in federal policy.
The change, effective immediately, reflects the Trump administration’s push to base government policies on what it calls “biological reality.” Under the new guidance, USCIS will determine an individual’s sex based on the designation listed on their original or earliest-available birth certificate. If the document does not specify male or female, secondary evidence will be used for adjudication.
“There are only two sexes—male and female,” said Tricia McLaughlin, Assistant Secretary for Public Affairs at the Department of Homeland Security (DHS). “President Trump promised a return to common sense, and this policy ensures federal agencies uphold biological truth. Immigration management is a national security issue, not a platform for ideologies that endanger children and undermine women’s rights.”
While USCIS will not deny applications solely due to mismatched or omitted sex designations, discrepancies may cause processing delays. The agency will not issue documents with blank sex fields or accept designations that differ from birth certificates unless supported by secondary evidence. Applicants may receive notice if USCIS issues documentation with a sex marker different from what they provided.
The updated policy, detailed in Volumes 1, 11, and 12 of the USCIS Policy Manual, supersedes previous guidance and applies to all pending and new filings as of 2025.
Related topics:
- Advance Parole USCIS: A Comprehensive Guide
- 2013 Immigration Bill: A Comprehensive Approach to Immigration Reform
- 1996 Illegal Immigration Reform and Immigrant Responsibility Act
