USCIS Updates Policy to Recognize Two Biological Sexes

WASHINGTON— U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to clarify that it only recognizes two biological sexes, male and female. Consistent with the Jan. 20, 2025, executive order, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, USCIS is returning to its historical policy of recognizing two biological sexes. “There are only two sexes — male and female,” said DHS Assistant Secretary for Public Affairs Tricia McLaughlin. “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. Proper management of our immigration system is a matter of national security, not a place to promote and coddle an ideology that permanently harms children and robs real women of their dignity, safety, and well-being.” Under this guidance, USCIS considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth. If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence. See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence, Section B, Primary and Secondary Evidence [1 USCIS-PM E.6(B)]. USCIS will not deny benefits solely because the benefit requestor did not properly indicate his or her sex. However, USCIS does not issue documents with a blank sex field, and does not issue documents with a sex different than the sex as generally evidenced on a birth certificate issued at the time of birth (or issued nearest to the time of birth). Therefore, if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication. USCIS may provide notice to benefit requestors if it issues a USCIS document reflecting a sex different than that indicated by the benefit requestor on the request. This guidance, contained in Volumes 1, 11, and 12 of the Policy Manual, is effective immediately and applies to benefit requests pending or filed on or after April 2, 2025. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. For more information, see the Policy Alert.