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Original Date Announced
February 18, 2025The State Department issued a notice requesting public comment within 30 days on proposed changes to Form DS-82 (U.S. Passport Renewal Application) in compliance with EO 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." DOS proposes that the revised application form will:
- Request the applicant's biological sex at birth, and will only allow responses of "M" or "F," not "X"; and
- Replace the term "gender" with "sex."
In addition, the form will be revised to add an applicant statement confirming that the applicant is not required to register as a sex offender, in accordance with International Megan's Law (34 U.S.C. § 21501 et seq., and 22 U.S.C. § 212b).
The Department will accept comments from the public until March 20, 2025.
Notably, the State Department is providing a version of Form DS-82 on its website that puts this proposed change into effect immediately, even though this proposal is currently in the 30-day notice period under the Paperwork Reduction Act process. The version of Form DS-82 currently being provided by the Department of State has an expiration date of 03/31/2023, and does not allow the "X" gender marker to be selected. This version of the form was a previous version approved by OMB during Trump 1.0.
Trump 2.0 [#1577]
2025.2.18, 30-Day Notice of Proposed Information Collection: U.S. Passport Renewal Application (90 Fed. Reg. 9800) 2025.02.18 - OMB Supporting Statement for DS-82 (1405-0020) DS-82 (expired 3.31.2023) currently posted on DOS websiteEffective Date
February 18, 2025Subsequent Trump and Court Action(s)
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February 7, 2025
2025.02.07 Complaint - Orr v. Trump
On February 7, 2025, seven transgender and nonbinary U.S. citizen plaintiffs filed a class action lawsuit in the U.S. District of Massachusetts, challenging the government's policy of using gender markers reflecting individuals' sex assigned at birth under EO 14168. The plaintiffs allege that this passport policy violates the First and Fifth Amendments, as well as the Administrative Procedure Act (APA). They seek declaratory and injunctive relief to vacate agency actions taken according to this policy and to prevent further implementation. Orr v. Trump, 1:25-cv-10313 (D. Mass.).
**Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**
View Document
Current Status
NoneOriginal Trump Policy Status
Status: Proposed Comment PeriodTrump Administration Action: Forms and Information CollectionSubject Matter: CitizenshipAgencies Affected: DOS Bureau of Consular AffairsAssociated or Derivative Policies
- January 20, 2025 EO 14168 § 3(d) directs DOS and DHS to require that government-issued identification documents reflect "immutable biological" sex
- February 14, 2025 DOS proposes changes to Form DS-11 (Application for a U.S. Passport), and will no longer issue passports with "X" sex markers
- February 18, 2025 DOS proposes changes to Form DS-5504 (Application for a U.S. Passport for Eligible Individuals: Correction, Name Change to Passport) to no longer allow "X" gender marker
Documents
Trump-Era Policy Documents
- New Policy
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New Policy
Original Source:
OMB Office of Information and Regulatory Affairs
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New Policy
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Subsequent Action
Original Source:
Complaint - Orr v. Trump
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To provide information, corrections, or feedback, please email [email protected]