The US Citizenship and Immigration Services (USCIS) has announced an update to its Policy Manual, clarifying its stance on the recognition of biological sex. Effective immediately for pending and new benefit requests filed on or after April 2, 2025, the agency will only recognize male and female as the two biological sexes.
This policy update aligns with the January 20, 2025, executive order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” According to USCIS, this change reflects a return to its historical policy regarding the recognition of sex.
In a statement, Department of Homeland Security (DHS) Assistant Secretary for Public Affairs Tricia McLaughlin stated, “There are only two sexes — male and female.”
Under the updated guidance, USCIS will primarily determine an individual’s sex based on the sex indicated on the birth certificate issued at or nearest to the time of birth. The agency notes that if the birth certificate indicates a sex other than male or female, USCIS will base its determination on secondary evidence, as outlined in Volume 1, Part E, Chapter 6, Section B of the Policy Manual [USCIS-PM E.6(B)].
USCIS has stated that it will not automatically deny benefits solely because an applicant did not properly indicate their sex. However, the agency will not issue documents with a blank sex field, nor will it issue documents reflecting a sex different from that indicated on the birth certificate issued at or nearest to the time of birth. Consequently, discrepancies or omissions regarding sex on benefit requests may lead to delays in the adjudication process.
Furthermore, USCIS may notify benefit requestors if a USCIS document is issued reflecting a sex different from the one indicated by the applicant in their request.
This updated guidance is incorporated into Volumes 1, 11, and 12 of the USCIS Policy Manual. USCIS has stated that this guidance is now controlling and supersedes any prior related guidance. The agency has not provided specific details on the types of secondary evidence that will be considered in cases where the birth certificate does not indicate male or female.
Photo credit: Gulbenk/Wikipedia.
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