The USCIS policy manual is the agency’s centralized repository for immigration and naturalization policies. According to USCIS, in April 2024, the agency allowed an option for those seeking immigration and naturalization benefits to utilize a gender marker of “X” on official USCIS forms and petitions. According to Wednesday’s policy update, that option will not be available to those requesting benefits from the agency.
The policy update now provides that USCIS recognizes that there are two biological sexes — male and female — for purpose of adjudicating benefit requests and issuing documents. USCIS now considers a person’s sex to be that which is generally evidenced on the birth certificate issued at the time or near the time of birth. In instances where that information is missing, USCIS will use secondary evidence to base a sex determination for official purposes.
The term “gender” has also been replaced with “sex” throughout the agency’s policy manual. In addition, an appendix containing standard language for medical professionals to certify gender identity has been removed.
During the announcement of the changes, DHS Assistant Secretary for Public Affairs Tricia McLaughlin said, “There are only two sexes-male and female. President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the U.S. government agrees with simple biological reality.”
The executive order signed by President Trump on January 20, 2025, titled “Defending Women from Gender Ideology and Restoring Biological Truth to the Federal Government,” officially established the United States’ policy of recognizing both sexes—male and female. The order instructs all executive branch agencies to enforce all sex-protective laws to promote the order’s mandate.
Randy Clark is a 32-year veteran of the United States Border Patrol. Before his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on X (formerly Twitter) @RandyClarkBBTX.
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