How Trans People Can Update Their Passports — And Why to Do It Now

With a federal ban on passport gender marker changes currently blocked, THE CITY spoke with legal experts in NYC about how trans, nonbinary and intersex people can file these updates.

Originally published by THE CITY on July 22, 2025 at 5:05am EDT

If you’re looking to update your U.S. passport to accurately reflect your gender, the window may soon be closing. For many, an accurate passport is more than just a confirmation of identity, it’s necessary to travel safely. 

THE CITY spoke with the NYCLU and Legal Services NYC to learn more about applying for a gender marker change, what’s happened in the courts this year and how to submit passport applications. 

Why is this an issue now?

On the very first day of his administration, President Donald Trump signed an executive order “defending women from gender ideology extremism” and “restoring biological truth.” LGBTQ advocates swiftly denounced the order as an attack on the rights of trans people.

One part of Trump’s order required that government-issued IDs, such as passports and visas, only acknowledge male or female and match the bearer’s sex assigned at birth. Within 24 hours, the State Department began rejecting and withholding passports from trans, nonbinary and intersex applicants who had requested updates to their gender marker. (In 2022, the Biden administration made changing gender markers much easier by removing the requirement for medical documentation and by recognizing an “X” gender marker).

Brooklyn resident Julian, who identifies as transmasculine and nonbinary, applied for a standard passport renewal just days after the executive order was issued. Expecting that the ban would take some time to go into effect, they were shocked to receive a new passport in just two weeks. Their gender marker had been changed.

“All of my identification forms, including my passport, have had an ‘M’ marker since 2015. I have no idea how they knew to change it, or what they even looked at, but my passport came back with an ‘F,’” said Julian.

The American Civil Liberties Union responded with a lawsuit filed on behalf of seven individuals impacted by the executive order, alleging that the ban violated the due process and equal protection clauses of the Constitution. On June 17, the U.S. District Court of Massachusetts certified the case as a class action lawsuit and issued an injunction ordering the State Department to recognize updated gender markers broadly. 

The State Department is, for now, mostly complying with the injunction as the case proceeds. But the ACLU has warned that that could be temporary.
Applicants must now submit an attestation form, created as part of the injunction, certifying they’re covered by the order — those with gender dysphoria or whose gender identity does not match their current passport — and specify their desired gender marker.

“It’s unclear what’s going to happen next. But what we do know is that now is a good time for folks to apply for passports, whether that’s correcting or renewing,” said Allie Bohm at the New York Civil Liberties Union.

Bohm says future litigation could lead to another ban, potentially allowing the State Department to refuse pending gender marker updates. But for now, the preliminary injunction still stands. 

I want to change my gender marker ASAP — what forms do I fill out?

For the moment, you can update your gender marker on any passport application by submitting an attestation form along with it. This form asks if you are part of the “class” covered by the injunction and which gender marker you’d like on your passport.

There are three different passport application forms, and it’s important to figure out which one applies to you. Making sure you’ve got the right form for your situation will help expedite the process, as any errors could mean a rejection of your application.

For forms DS-82 and DS-5504, you’ll need to also send in your current passport, and legal experts recommend taking legible, color photos of your passport before surrendering it. To access any of these forms, click here and select the application that fits your situation.

Use form DS-11 if you:

• Have never had a passport
• Had a passport but it was lost or stolen (if this is the case, you’ll need to also submit this form)
• Need to renew a passport, but don’t meet the renewal requirements (see below)

Use form DS-82 if you:

• Have a passport that expires within the year
• Have a passport that expired less than five years ago
• Have a passport but it is significantly damaged
• Want to change your name on your passport, but your legal name change happened over a year ago 
• Want to change your name on your passport, but your passport was issued more than one year ago
• Want to change your name on your passport, but don’t have a legal record court order, divorce decree or marriage certificate showing the change

Read more about renewal requirements here.

Use form DS-5504 if you:

• Changed your name less than a year ago, have a legal record of the change and your passport was issued less than a year ago
• Have a passport with an error, including an incorrect gender marker, that doesn’t match your passport application
• Had your gender marker change denied or reversed during the period when the State Department was following Trump’s executive order (January 20, 2025 through June 17, 2025)

Where do I submit it?

THE CITY spoke with Liam Lowery, a pro bono attorney at Legal Services NYC, about the passport application process. Lowery recommends that first-time applicants submit their attestation form and DS-11 applications by mail at any post office, while renewals and corrections can be submitted online. It’s also important to obtain tracking information for mail-in applications and to keep a close eye on your application’s progress.

Lowery also recommends expedited processing for all applicants updating their gender marker while the injunction is in effect. For low- and no-income New York residents, Legal Services NYC will cover the $60 expedited passport fee; attending their free, virtual passport gender change clinic on July 31 is the only prerequisite. 

The clinic will cover common questions about the gender marker update process, and all legal services will be free. NYC residents can call the Legal Services NYC hotline at 917-661-4500 to book a spot. 

I’m worried about submitting this information to the federal government. What are the risks?

Lowery has advised many New Yorkers on the gender update process and recently went through the process himself, initially receiving the wrong gender marker and applying for a correction. He says that the decision to update or not is deeply personal and individual, and it’s important to consider the risks that come with either choice.  

“If you don’t travel internationally, it may not be critical, but if you have the wrong marker and you’re travelling, you may be subject to extra scrutiny. And when it comes to giving information to the government, I tell clients that the attestation form was a product of the ACLU’s litigation, not a request by the federal government used to mine data on trans folks,” he said.

Like Lowery, Julian had to weigh the risks of traveling with a passport that didn’t reflect their gender expression. Regularly flying through the UAE or Qatar to visit their partner’s family in Sri Lanka, Julian worried about the danger that an incorrect passport would pose. Under Sharia law, “males disguised in female apparel” can be imprisoned for subverting traditional gender norms.

“I didn’t feel misgendered, I just felt unsafe. Because I don’t pass as a woman, I can legally travel through the UAE, but being outed as trans is not safe in those countries. Beyond my safety, I didn’t care much about having the right gender on my passport, I just wanted to make sure I had one, especially now that it may be dangerous for my partner’s family to travel to the U.S.” said Julian.

After ten years of travelling with correct documentation, Julian was shocked that the passport office had changed it back to reflect their sex assigned at birth. 

“I don’t know what they even looked at to decide to switch it back — the lack of due process was so jarring. To me, the purpose of a passport is that the U.S. government vouches for me when I’m travelling. And now they’re putting me in harm’s way,” they said.

Despite fears that the government would withhold their passport, Julian decided to submit a correction request with the newly required attestation form. 

“Our safety is just so conditional. If I can get a few months or years of traveling with a passport that says ‘M’, that’s all I can ask for right now,” Julian said of the possibility that future litigation could change their passport again.

What if I don’t want to update my passport? What if the gender on my driver’s license doesn’t match my passport?

If you don’t want to update your passport to match your state ID or amended birth certificate, that’s OK. And if you miss the window to update your passport, having at least one legal document that shows your chosen gender can help keep you safe.

“Its important to know that even if the passport door closes, folks can still have a REAL ID that matches their gender identity, including X markers, even if they’re unable to have a passport. That window is not closing,” says Bohm of the NYCLU.

Each state determines how gender is reflected on state ID documents. New York strictly protects residents’ ability to change name and gender marker, allowing anyone to update these fields through self-declaration. Read more about how to update your name or gender on a New York ID here.

“It is normal and legal to have mismatched documents, but having a document that reflects your gender expressed when interacting with the government, or applying for a job with an I-9 form, can help prevent outing yourself to an employer,” says Bohm.

For more answers to common questions about this process, read the ACLU’s Q+A here.