USCIS announces policy update recognising only two biological sexes

This change aligns with the January 20 executive order titled Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.

The USCIS also detailed how it will consider sex as listed on birth certificates when processing immigration benefits.

In a press release, the USCIS stated, "US Citizenship and Immigration Services is updating the USCIS Policy Manual to clarify that it only recognizes two biological sexes, male and female."

It added, "Consistent with the January 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."

US Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin emphasised that the policy aligns with what she described as "simple biological reality" and aims to protect national security.

"There are only two sexes -- male and female. President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the US 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," McLaughlin said.

The press release further stated that the 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," the release said.

It added, "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, the release stated.

Notably, just after being sworn in as the 47th US President, Donald Trump declared that it will be the official policy of the United States to recognise only two genders - male and female.

Trump had said his administration will work to make a "merit-based" and "colourblind society."