USA tightens ESTA rules to require birth-assigned gender
Travelers must declare ‘gender at birth' on ESTA and visa applications—new U.S. rule recognizes only male or female, raising concerns and calls for protest from rights groups.
A recent directive from the United States concerning the declaration of “gender at birth” on visa and ESTA (Electronic System for Travel Authorization) applications has travelers taking note.
Effective since a presidential executive order signed on 20 January 2025, the measure states that U.S. authorities now recognize only two genders—male and female—as defined at birth. As a result, all passports, visa or ESTA requests must now include the “gender at birth” designation to be accepted for entry into the United States.
This directive means that gender-identity designations other than male or female—such as the “X” marker used on some Canadian passports since June 2019—are no longer recognized by U.S. authorities.
While no confirmed cases of travelers being turned away solely because of gender-identity markers have been officially recorded for Canadians or French citizens to date, anecdotal reports indicate more complex screening at U.S. borders for some transgender travelers or those holding a passport marked “X” since late January. Denmark and Germany have also cautioned their transgender and non-binary citizens about potential entry risks.
The Danish Ministry of Foreign Affairs advisory page (in Danish)
Rights groups including Amnesty International and STOP Homophobia have denounced the rule as discriminatory, warning it deepens precarity and isolation for trans and non-binary individuals. The association STOP Homophobia fears the change may lead to arbitrary exclusions and refoulements at U.S. borders and is urging French and European authorities to strongly oppose the practice.
Canada has stated it is monitoring the situation closely while reaffirming each country’s right to determine entry requirements and reminding travelers of their individual responsibility. It offers general advice to holders of passport “X” markers, noting they may face restrictions and that Ottawa cannot guarantee their admission to other countries. France’s Ministry for Europe and Foreign Affairs has updated its travel-advisory page to highlight the new obligation.
The updated advice page from France’s Ministry for Europe and Foreign Affairs
Visamundi is here to help
At Visamundi we understand the new requirements may raise questions and concerns. Our team of experts remains on hand to provide up-to-date information and guidance for travelers preparing trips to the United States.
Contact us with any questions about your visa or ESTA application. We are committed to delivering personalized service and helping you navigate the complexities of international travel requirements with confidence.
