'Exercise caution': Travel alert sounded for nonbinary, transgender New Jerseyans
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Garden State Equality issued a travel alert for transgender and nonbinary New Jerseyans in response to actions taken by the Trump Administration.
"Nonbinary and trans New Jersey residents must exercise caution when traveling internationally and are at risk when re-entering the United States, particularly when using a passport with an X gender marker," the LGBTQ+ advocacy group said in a news release on Tuesday.
More:How Jersey Shore LGBTQ+ activists will battle Trump transgender orders
GSE says that the state of federal identification documents like passports, visas and Global Entry cards has been rapidly changing since President Donald Trump took office.
Among Trump's executive orders were those that "recognize only two sexes, male and female," and declaring that "these sexes are not changeable." In response, the State Department has suspended processing and issuing of all applications "seeking a different sex marker than that defined by the terms in the Executive Order," including those requesting a binary gender change or the "X" gender marker, according to USA Today.
GSE says that currently U.S. passports with an X gender marker that were issued prior to the executive order are valid, however it says the situation "continues to evolve quickly."
For instance, “guidance on existing passports containing an X sex marker will come via other channels," said Secretary of State Marco Rubio.
“The executive order regarding the definition of sex and its implication for federal identity documents is needlessly cruel and is causing undue stress and anxiety to already marginalized people. The order stands against basic facts: trans, nonbinary, intersex, and gender diverse people have always existed and will continue to exist no matter what any government says,” said Aisling MacDonald, Trans Resiliency Project manager and trainer at Garden State Equality.
GSE issued the following fact sheet along with the travel alert:
- State-issued forms of identification, such as birth certificates and driver’s licenses, are not affected by the executive order. Garden State Equality says it will continue to assist with the New Jersey name and gender marker change process.
- If you hold a passport with an amended gender marker, including an X gender marker: Your passport is currently valid. However, the situation is changing quickly and you should exercise caution when traveling internationally.
- If you have a passport application in process: If you sent out a passport application prior to the executive order and it included a change in gender marker, your application is currently on hold. The State Department has not yet issued clear guidance to passport offices on what to do with these applications.
- If you need to renew your passport: Applications for passport renewals with amended gender markers will be put on hold until the State Department issues further guidance, and we do not recommend such applications. This applies even if you are renewing a passport with an already changed gender marker, because passport offices have all previous applications on file.
- You can consider applying for a passport with only a name change and no gender marker change, but this may also carry risk.
- If you need to apply for a new passport: If all the materials you are submitting as part of your new passport application have consistent M or F gender markers, you are in a lower-risk situation and may be able to get your application processed without issue. We do not recommend applying for a new passport if any materials you submit contain a gender marker different from the passport you are applying for.
- New Jersey residents with concerns about the status of the gender marker on their passports can contact the American Civil Liberties Union Foundation using a form found on the GSE website.
“It is the dream of this country that basic human rights are available to all, yet this executive order is another attempt to rob those rights from one group while other groups continue to enjoy them,” MacDonald said.
“Any person who would uphold compassion, human decency, and simple truth should wonder why gender minorities are being attacked when all Americans are facing a litany of pressing, sometimes even life-or-death issues. It calls into question whose rights will be under attack next.”