US Customs and Border Protection implemented a rule requiring airlines to disregard “X” gender markers on American passports and instead input either “M” or “F” designations into their systems. This regulatory change, which officially took effect on October 14 after a 90-day “informed compliance” period, comes just three years after the Biden administration introduced the “X” marker option in 2022 as an effort to create more accurate travel documentation for individuals whose gender identities fall outside the traditional binary. Despite the change in airline reporting requirements, passports with “X” markers technically remain valid travel documents according to current federal guidelines, as reported by The Guardian.
Legal Status Remains Protected By Court Order
Passports with “X” gender markers maintain their validity due to a June 2025 ruling by the US District Court of Massachusetts. This court order specifically blocked the Trump administration’s attempt to eliminate these markers through Executive Order 14168, officially titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The preliminary injunction in the case, known as Orr v. Trump, requires the government to continue issuing passports that align with a person’s gender identity, including “X” markers, for certain applicants while litigation proceeds.
Andy Izenson, Senior Legal Director at the Chosen Family Law Center, has indicated that the practical implementation of these conflicting policies remains unclear. After contacting multiple federal agencies, including CBP, the Transportation Security Administration, and the Department of Homeland Security, Izenson was unable to obtain definitive answers about enforcement mechanisms or responsibilities.
Impact On Travelers With ‘X’ Gender Markers On Passports
Dr. July Pilowsky, a scientist and US citizen living in Spain who uses multiple pronouns, expressed concerns about the policy change to The Guardian. Pilowsky initially selected the “X” marker for practical reasons, noting it helped avoid bureaucratic complications when identity documents contain inconsistent information. More importantly, they chose it to disrupt problematic airport screening practices where officers form expectations about travelers’ bodies based on passport gender markers.
Pilowsky described how CBP officers look at the sex marker on travel documents and make assumptions about what a person’s body should look like, which can lead to invasive screening procedures. Having experienced uncomfortable pat-downs in the past, Pilowsky is now considering using their Chilean passport instead of their US passport when entering the United States, creating a situation where a citizen must strategize how to legally enter their own country.
