Lambda Legal - Updated Checklist, Identity Documents for Trans and Nonbinary People
https://lambdalegal.org/tgnc-checklist-under-trump/
Transgender, gender-nonconforming and nonbinary people (TGNCNB) might be wondering what they should do in response to the Trump administration’s recent sex and gender executive order and other federal agency actions related to identity documents. We’ve put together a checklist and some information to help the TGNCNB community understand what is happening.
Note: This page will be routinely updated with new information and actions for consideration by TGNCNB people.
Identity documents
Things to know.
The Trump administration has changed current gender marker options for U.S. passports. The sex and gender executive order issued on January 20, 2025 instructed the Secretary of State to implement changes to reflect passport holder’s sex as exclusively male or female. As a result, applications requesting X gender markers and applications requesting gender marker changes (from F to M or M to F) are currently “suspended.” The State Department has not said what will happen to the applications that fall into these categories that are currently pending. White House officials have said that current not-expired passports are still valid, including passports with X markers and those which have already been updated.
As of January 31, 2025, the Trump administration has directed the Social Security Administration to stop processing gender marker updates associated with social security records. Meanwhile, some states have been restricting or ending the opportunity to update the gender marker and/or to change one’s name on state-issued identification such as driver’s licenses and birth certificates. And in some states, officials have been seeking records they believe will reveal the identities of transgender people who are accessing medical care or otherwise acting in ways of which those officials disapprove. This means it is important to consider where you live and, when you can, to get legal advice specific to your situation before starting gender marker and/or name changes. You can start by reviewing the detailed information about federal and state identity documents offered by Advocates for Trans Equality, The Movement Advancement Project, and Trans Lifeline.
Actions to consider.
Passports. Trans people who have a valid, current U.S. passport, regardless of the gender marker, should NOT apply to renew or change their gender marker OR name at this time. If you have urgent upcoming travel or an emergency need, you should seek out an attorney licensed in your state of residence. Please see below for ways to access legal help, including through Lambda Legal’s own Help Desk (only for non-emergencies).
Social Security, immigration records, selective service, and other federal records. In addition to getting legal advice about your specific situation before starting gender marker or name change processes for federal documents, we recommend that trans people NOT submit a gender marker update request to the Social Security Administration at this time.
State ID documents. The processes vary state-to-state for obtaining a legal name change and for updating gender markers on state identity documents such as birth certificates, driver’s licenses, or state ID cards. Detailed state-by-state information and relevant forms are available from Advocates for Trans Equality, The Movement Advancement Project, and Trans Lifeline. After reviewing the information relevant to your situation (such as your state of residence or birth), consider contacting Lambda Legal’s Help Desk for additional information about issues to consider and/or to request contact information for attorneys in your area.
Accessing Legal Help
Things to know.
Many attorneys who specialize in helping LGBTQ+ people are making themselves more available to support TGNCNB people during this stressful and frustrating time. If you need help, don’t be afraid to ask.
Actions to consider.
Contact your state’s LGBTQ+ Equality Group for connections to attorneys in your city or state. Look to the website of the State Bar Association in your state which often has an “LGBTQ” or “Civil Rights” interest group which can connect you to lawyers in your state. The National LGBTQ+ Bar also might be able to provide contact information for LGBTQ+-friendly lawyers in your area or a local bar association that provides attorney referrals.
Contact Lambda Legal’s Help Desk for additional information about your situation. The Help Desk does not give legal advice but usually has helpful information, can assist you to understand information you find online, and might have contact information for lawyers in your area with expertise relevant to your needs.
If you are in crisis.
Lambda Legal’s Help Desk is not able to assist with emergencies or immediate requests for legal assistance. Please contact a crisis hotline or any legal service provider that is equipped to provide emergency assistance. Here is contact information for several of our partner organizations. Keep in mind these lines are not branches of Lambda Legal and are instead resources for crisis intervention.
LGBT+ National Hotline www.LGBThotline.org 888-843-4564
LGBT National Youth Talkline www.LGBThotline.org/youth-talkline 800.246.7743
LGBT National Senior Hotline www.LGBThotline.org/senior-hotline 888.234.7243
Trans Lifeline https://www.translifeline.org/hotline 877.565.8860
The Trevor Project https://www.thetrevorproject.org/get-help-now/866.488.7386
Remember that you do not need the government’s permission to exist.
Last updated February 7, 2025.
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