Are You Trans and Flying for the Holidays? What to Know About IDs at the Airport

Mere hours after his Jan. 20 inauguration, President Donald Trump issued an executive order stating that the federal government would recognize only two sexes, male and female. The State Department subsequently eliminated the “X” gender as an option and suspended its previous policy that permitted transgender, intersex and nonbinary people to update gender markers on their passports.

Lawsuits against the administration quickly followed, and, for the rest of 2025, guidelines around gender markers flip-flopped. In the middle of the year, a preliminary injunction paused Trump’s order, allowing Americans to get gender markers that matched their identity.

However, in early November, the conservative-leaning Supreme Court allowed the Trump administration to enforce its initial policy through an emergency stay.

“It is no longer possible for people to get an accurate passport,” explained Carl Charles, senior attorney at Lambda Legal, a New York-based organization serving LGBTQ+ people across the country. Charles, based in Atlanta, is currently part of a separate lawsuit against the State Department on behalf of seven transgender people impacted by Trump’s gender-marker policy.

The back-and-forth has left transgender and intersex Americans confused and stressed about the state of their documentation.

“There’s really no purpose for policies like this one, apart from making the people it affects’ lives miserable,” said Alexis Levy, a San Francisco-based lawyer who specializes in name and gender-marker changes.

There is still hope for the policy to be reversed again, Charles said. The lawsuit, filed by the American Civil Liberties Union, is still ongoing, and advocates are “optimistic” about “a positive resolution.”

However, in the meantime, “this means that the discriminatory policy is in place,” he said.

Amid the uncertainty around the current passport policy, KQED spoke to Charles about what transgender, intersex and nonbinary Americans should know about their passports and federal documentation, ahead of a busy holiday travel season.

This interview has been condensed and edited for clarity. Keep in mind that this is not legal advice, and it is best to consult with an expert on your specific situation.

Nisa Khan: The State Department has been vague about whether it will invalidate passports that have the X gender marker or updated gender markers. Have there been cases where someone has had their passport denied?

Carl Charles: There are federal regulations that permit the revocation of passports that the State Department determines were issued, for example, on the basis of fraud, such as if someone is using a fake identity or using someone else’s identity to obtain a passport.

But it is pretty difficult for the State Department to go and change a passport that was validly issued.

That’s not to say they couldn’t try, but we have been hearing from trans and intersex community members across the United States who have confirmed for us that their passports issued under the preliminary injunction in the ACLU’s case remain valid.

They have not had issues at airports or crossing international borders, and I’m really happy to be able to share that that continues to be people’s experience, we are hearing from at our legal help desk with Lambda Legal.

We have not heard of the State Department taking action to revoke any of those legally and correctly issued passports. If that happens, we will update our information materials on our website immediately.

I am not denying that the climate in which we are living right now under the Trump administration is explicitly anti-trans. Anti-LGBT, anti-trans specifically. That is just the truth of the moment we are living in.

I think people need to continue to live their lives and make decisions that are based on the best information and reflect their own sort of risk assessment.

Have you heard of any cases of people being questioned at Transportation Security Administration (TSA) screening?

We know broadly that trans people have always had issues with TSA, as a result of gender nonconformity or TSA’s gender policing.

But as it relates to people’s specific passports, no one is being flagged, taken aside, asked more questions, prevented from leaving the country or prevented from returning to the country. So that continues to be the best and most up-to-date information to share with people.

What are you recommending to people who are nervous about flying in this climate? Are there any documents they should be carrying? 

We are continuing to recommend to people that if they are traveling internationally, they carry additional copies of their identity documents.

Bring a copy of your certified name change, and bring a copy of your gender order change. Bring a copy of your correct birth certificate.

You just want to have more copies of these things, not because you know that you’re going to be asked for them, but because it’s a good idea to have them. In the event that you need them, they’re right there in a folder in your backpack.

How can friends or loved ones help?

We also include a recommendation that travelers have a group of people that they are communicating with via text or phone call as they are traveling, wherever they’re going.

Some people are doing this for domestic travel. I would say absolutely do this if you’re traveling internationally: have someone, have two people actually, that you’re talking to via text or via phone call, and let them know when you’re approaching the security line.

Say, “OK, I’m getting in the security line, I’m gonna go through this checkpoint. If I don’t text you in an hour, you know where I last was.”

That’s just good safety planning. But I think it’s especially helpful in this moment, where trans people are living in a climate that is very circumspect of our existence and is targeting us for discrimination. I think that’s an even more important step to take for personal security.

If someone were to be stopped at TSA, what is some guidance for the traveler?

I know it’s easier said than done, but the best thing you can do is stay really calm.

It is always a good idea to try to make a record. Try to take notes about what is happening while it’s happening. Even if the notes you’re taking are in your head, you want to remember and try to note everything that happens along the timeline of what’s occurring.

It’s always a good idea to try to identify the people who are talking to you. If you get pulled aside for a pat down, you’re permitted to ask for an officer’s badge number or for their name.

Note as closely as possible what time it was, why you were pulled aside in the TSA line or in customs. You can communicate very clearly. You can ask questions.

And you can say if you think your rights are being violated, “This is not right, this should not be happening, my passport is valid.”

What I recommend is, immediately after, call someone and tell them what happened, and have them take notes for you. Have them write down everything for you, have them type notes into a Word document, so that someone else is helping you to reflect on what happened.

I do know some people in advance of travel who reached out and consulted a lawyer. They can’t go through border protection with you. So the best that they can do really is be on the phone with you until you have to put your phone in the security bin and send it through the scanner, and then they can talk to you afterward.

More resources and support

• Lambda Legal’s guide to passport and identity documents 
• Lambda Legal’s help desk (cannot assist in emergencies)
• Trans Legal Services Network directory
• San Francisco’s list of resources for transgender, gender non-conforming & intersex residents
• American Bar Association
• LGBTQ+ Bar
• SF LGBT Center
• Trans Lifeline
• Advocates for Trans Equality
• Transgender Law Center
• LGBT National Hotline
• LGBT National Senior Hotline
• LGBT National Youth Talkline