Ottawa flags U.S. as a risk for Canadians using gender-neutral passports
Ottawa recently updated its travel guidance to the U.S. to advise Canadians using gender-neutral passports that they could encounter problems crossing the border.
The Canadian government advises that non-binary individuals using the X gender identifier in place of male or female — an option available to Canadians since 2019 — may face restrictions in the U.S. and said travellers should “verify this information” before heading there.
The advisory goes on to caution that travellers could still be asked to provide their “sex/gender information as either male or female.”
Approximately 3,600 Canadians use the identifier on their passport, according to CBC .
It’s not immediately clear when the travel advice was updated, but an archived version of the page from Sept. 22 doesn’t include the topic.
The decision comes as the debate around gender ideology has become an increasingly contentious topic in the U.S.
Among the many executive orders signed by U.S. President Donald Trump on inauguration day was one that declared the American government would henceforth only recognize two sexes, male and female.
“My Administration will defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male,” the order reads.
Four days later, Secretary of State Marco Rubio directed his department to freeze applications in processing that used X, as reported by ABC News.
A subsequent lawsuit alleging a violation of rights filed by non-binary and transgender people led a judge to put it on hold, an order upheld by an appeals court, the Associated Press reported in late September. Justice officials in Trump’s administration have since asked courts to put the order on hold while the lawsuit plays out, thereby allowing the new policy to be enforced.
Trump’s order had already prompted Global Affairs Canada to update the advisory with a warning that LGBTQ persons could be required to indicate “sex assigned at birth” on travel documents and, for those taking up residency in the U.S., passport and social security applications.
It also cautioned that there are laws affecting LGBTQ people in some states. Iowa, for instance, has removed gender identity from its civil rights code , and several states — including Florida, Kansas, Wyoming, and Montana — have introduced legislation around who is permitted to use gender-specific bathrooms.
Earlier this year, Canada announced it would not include the identifier as an option on new NEXUS card applications or renewals in line with the new U.S. policy. NEXUS is a five-year membership available to pre-approved, low-risk Canadian and U.S. citizens that allows for faster border crossings.
A spokesperson for the Canada Border Services Agency told the Canadian Press the shared program is operated out of the U.S. by its Customs and Border Protection agency. They said roughly 550 people submitted applications using X between 2022 and this March.
National Post has contacted Global Affairs Canada, the CBSA and Immigration, Refugees and Citizenship Canada with questions about the advisory update and more information on the number of Canadians using X on their passports and NEXUS cards.
It has also contacted U.S. Customs and Border Protection for comment on the updated advisory and Canada’s advisory to gender-neutral travellers.
In a statement to the Washington Post in April, a CBP spokesperson said passport gender does “not render a person inadmissible” and that “claims to the contrary are false.”
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