A recent directive from the United States concerning the indication of the " sex at birth The "new rules" on visa applications and ESTA (Electronic Travel Authorization System) require special attention from our travelers.
This new measure, which came into force following a presidential decree signed on January 20, 2025, stipulates that the United States now recognizes only 2 sexes, male and female, as defined at birth. As a result, all passports, visa applications and ESTAs must now include the indication of "sex at birth" in order to be accepted on American territory.
This directive means that the notion of gender identity as it might appear on certain documents, such as the "X" for non-binary people present on Canadian passports since June 2019, is no longer recognized by the American authorities.
Although no cases of refoulement at the US border specifically related to gender identity have been officially confirmed for Canadian or French nationals to date, there have been reports of more complex border processes for some transgender people or those with X passports since late January. In addition, other countries such as Denmark and Germany have also warned their transgender and non-binary nationals about the potential risks of entering the US.
Several advocacy groups, including Amnesty International and the STOP homophobiadenounce this measure as discriminatory, accentuating the precariousness and isolation of trans and non-binary people. They point out that imposing the declaration of "sex at birth" is tantamount to denying the existence and legitimacy of trans identities. STOP homophobie fears that this restriction will lead to arbitrary exclusions and refoulements at US borders, and calls on French and European authorities to firmly oppose such practices.
THE Canada said it was closely monitoring the situation, while reminding everyone that each country is responsible for choosing who can cross its borders, and that the decision to travel is the traveler's individual responsibility. The ministry is providing general advice to travelers with an "X" marker on their passport, informing them that they may face restrictions and that the Canadian government cannot guarantee their entry into another country. For its part, the French Ministry of Foreign Affairs has updated its travel recommendations, drawing attention to this new obligation.
Visamundi is there to support you
At Visamundi, we understand that these new regulations may raise questions and concerns. Our team of experts is at your disposal to provide you with up-to-date information and to advise you on the best way to travel to the United States.
Please do not hesitate to contact us with any questions you may have regarding your visa or ESTA application. We're committed to providing you with personalized service and helping you navigate the complexities of international travel requirements.
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