US State Department visa policy could bar trans people from US

The US State Department is reportedly instituting a policy that could bar transgender individuals, including athletes, from traveling to the US if their visa applications do not align with their sex at birth.

A memo issued on Monday by Secretary of State Marco Rubio reportedly instructs consular officials to deny visas to applicants if there are discrepancies between their documents or electronic records and their sex at birth, or if other evidence raises doubt.

The new guidelines could permanently bar individuals from obtaining US visas if they are found to have "misrepresented their purpose of travel or sex," according to the memo.

This shift in policy supports a recent executive order by President Donald Trump, which aims to exclude transgender athletes from participating in women’s sports.

The order threatens to cut funding for schools that allow transgender athletes to compete on women’s teams and directs federal agencies to take action against schools that do not comply with these policies.

The memo also outlines the potential consequences for transgender people who attempt to enter the US under false pretenses, specifically calling out those who "fraudulently enter the United States while identifying themselves as women athletes."

Critics have expressed concern over the sweeping nature of the policy, accusing the administration of overstepping its authority.

Sarah Metha, senior policy counsel at the American Civil Liberties Union, told The Guardian, "It is bizarre and novel in a terrible way to be saying it’s based on misrepresenting their sex or gender."

In addition to the visa restrictions, the Trump administration’s policies also impact transgender and intersex people inside the US, including halting the issuance of passports with a nonbinary "X" gender marker. Processing requests to amend gender markers on travel documents has also been suspended.

A State Department spokesperson confirmed to The Independent that visa applications are reviewed on a case-by-case basis, and decisions are made based on US law.