A Nation Divided: The Impact of Trump’s Passport Policy on Transgender Americans

A Desperate Rush for a Lifeline

The day after President Donald Trump returned to office, Lisa Suhay and her 21-year-old transgender daughter, Mellow, rushed to a passport office in Norfolk, Virginia. For Mellow, obtaining a passport had become an urgent matter. Trump’s recent executive order had narrowed the definition of gender, rejecting the recognition of transgender identities and the concept of gender transition. This policy, which aligned with conservative views but clashed with medical consensus and Biden-era policies, left Mellow’s family fearing for her future. They wanted her to have a way out of the U.S. if conditions for transgender people became unbearable. “If the worst were to come to worst and things were to threaten my life,” Mellow said, “I would have some way out.”

The new policy created confusion and pain for many seeking passports, including Mellow. On January 20, Trump’s order questioned the existence of transgender and nonbinary individuals, prompting a group of impacted people to file a lawsuit in federal court in Boston. The State Department quickly fell in line with Trump’s order, halting the issuance of passports with the “X” gender marker, which many nonbinary individuals preferred. It also stopped allowing gender changes on existing passports and removed all references to transgender and intersex people from its website. Mellow, whose state driver’s license reflects her true gender, was forced to check “male” on her passport application, a decision that left her emotionally drained. “It was like lying to yourself,” she said.

A Broad Assault on Transgender Rights

Trump’s passport policy was just one of several actions targeting transgender, intersex, and nonbinary individuals. The same executive order aiming to redefine gender sought to house transgender women in men’s prisons, a policy widely criticized as dangerous and discriminatory. Additional orders could lead to the expulsion of transgender service members from the military, bar federal funding for gender-affirming care for minors, and restrict transgender girls and women from participating in girls’ and women’s sports. These measures collectively signal a území rollback of hard-won rights and recognition for transgender Americans.

The lawsuit challenging the passport policy, filed by ACLU lawyers, argues that the order discriminates against transgender individuals by denying them equal protection, privacy, and freedom of speech. It also claims that the abrupt policy change violated federal requirements for a 60-day notice and comment period. Trump’s administration has downplayed the impact, stating that the policy would not affect existing, unexpired passports. However, groups like Garden State Equality have warned that transgender and nonbinary individuals with “X” markers on their passports could face risks when re-entering the U.S. after international travel.

A Family in Limbo: The Struggle for Recognition

Elise Flatland, a mother of four in Olathe, Kansas, is still waiting to hear about her 12-year-old transgender son’s passport application. The family submitted the application in December, along with those for two of their other children, but while the others have been approved, her son’s remains pending. For Flatland, the passport is more than just a travel document—it’s a lifeline. If gender-affirming care becomes unavailable in the U.S., the family hopes to seek treatment abroad. The passport would also provide her son with a government-issued document reflecting his true gender, something he desperately needs after a 2023 Kansas law prevented him from changing his birth certificate.

Flatland described a growing sense of hostility toward transgender people since Trump’s election in November. “There is definitely a sense of everyone being emboldened in their anti-trans, anti-LGBTQ attitudes,” she said. Her son, a sixth grader, faces questions about his identity from classmates, and the lack of documentation affirming his gender only exacerbates the challenges he faces. The delay in his passport application has left the family in limbo, unsure of what the future holds.

The Human Cost of Policy Changes

For Ash Lazarus Orr, a West Virginia advocate for transgender rights, the passport policy has created both logistical and emotional challenges. Orr submitted an expedited application to change the gender marker on his passport from “F” to “M” just days before Trump took office. However, the application wasn’t processed until after the inauguration, and Orr doubts the change will be made. Complicating matters further, the State Department now holds his current passport, birth certificate, and marriage license, putting his international travel plans at risk. Orr hopes his passport will be returned unaltered, but he fears the worst: “I could see this lost through the entire administration where I don’t have a passport.”

Zaya Perysian, a 22-year-old content creator from Los Angeles, experienced similar frustration. After hearing about Trump’s policy, she tried to expedite her passport application by buying a plane ticket to Canada. However, when her new passport arrived, it included a letter stating that her application had been “corrected” to male. For Perysian, the issue goes far beyond a travel document. “They don’t want any trans person to feel validated,” she said. “They want it to go back to how it used to be, where we were seen as like these creatures.” Both Orr and Perysian are plaintiffs in the lawsuit challenging the policy, joining others in the fight for recognition and equality.

A Fight for Validation and Equality

The stories of Mellow, Orr, Perysian, and Flatland’s family highlight the profound impact of Trump’s passport policy on transgender Americans. These individuals are not just fighting for travel documents; they are fighting for recognition, dignity, and the ability to live authentically. The policy’s broader implications extend beyond passports, reflecting a systemic effort to erase transgender identities from public life. From housing policies to healthcare access, transgender individuals face increasing barriers to basic rights and protections.

The lawsuit challenging the passport policy is a crucial step in resisting these attacks. By arguing that the policy violates constitutional rights and federal procedures, plaintiffs hope to restore the ability of transgender and nonbinary individuals to obtain passports that reflect their true identities. However, the broader struggle for transgender rights extends far beyond the courtroom. It requires a societal shift in understanding and acceptance, one that recognizes the humanity and dignity of all people, regardless of gender identity. For Mellow, Orr, Perysian, and countless others, the fight for recognition is deeply personal—and it is far from over.