The U.S. Citizenship and Immigration Services (USCIS), a component of the U.S. Department of Homeland Security, has announced an update to its Policy Manual, clarifying that it will only recognize two biological sexes—male and female—for the purposes of reviewing benefit requests and issuing official documents.
This policy shift reverses a previous change when USCIS introduced an additional gender identity marker, “X.” It aligns with the executive order titled Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, signed by President Trump on January 20, 2025.
The updated guidance, detailed in a policy alert, reflects USCIS’s return to its previous practice of recognizing only two sexes. The Immigration and Nationality Act (INA), Section 338, mandates that Certificates of Naturalization display an individual’s sex—not gender—while INA 203(a) uses terms like “sons or daughters” to allocate immigrant visas, inherently relying on a binary classification.
USCIS emphasized that an applicant’s sex is a critical component of identity, used for creating secure documents, screening, vetting, and sharing data with other federal agencies, necessitating consistent and biologically grounded standards.
DHS Assistant Secretary for Public Affairs Tricia McLaughlin underscored the rationale behind the change, stating, “There are only two sexes—male and female. President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the U.S. government agrees with simple biological reality.”
She framed the policy as a national security imperative, arguing that immigration management should prioritize clarity and truth over ideologies that, in her view, “permanently harm children and rob real women of their dignity, safety, and well-being.”
Under the new policy, USCIS will determine an individual’s sex based primarily on the birth certificate issued at or near the time of birth. If this document is unavailable or lists a sex other than male or female, the agency will rely on secondary evidence, as outlined in Volume 1, Part E, Chapter 6, Section B of the Policy Manual.
USCIS-issued documents, such as Certificates of Naturalization or Citizenship, will reflect this determination and will not feature blank sex fields or markers inconsistent with the birth certificate or secondary evidence. In cases where a benefit requestor’s self-reported sex conflicts with their birth certificate, the latter will take precedence unless secondary evidence justifies otherwise. USCIS may notify applicants if the sex on their issued document differs from what they indicated on their request.
The agency clarified that it will not outright deny benefits solely because an applicant fails to select male or female or to align their indicated sex with their birth certificate. However, discrepancies could lead to delays in processing as USCIS resolves the conflict using its established evidence hierarchy.
The policy also involves replacing the term “gender” with “sex” throughout the Policy Manual and removing references to gender identity certification, including an appendix of sample language for medical professionals that was introduced in 2024.
This update, effective immediately as of April 2, 2025, applies to all pending and future benefit requests and is reflected across multiple volumes of the Policy Manual: Volume 1 (General Policies and Procedures), Volume 11 (Travel and Identity Documents), and Volume 12 (Citizenship and Naturalization).
Specific changes include retitling sections from “Gender” to “Sex,” revising content related to personal information on secure documents, and eliminating provisions for changing gender markers on replacement naturalization or citizenship documents. USCIS is also pursuing revisions to its forms to align with this policy shift.
Support NepYork – Your Nonprofit News Media for the Nepali Community
NepYork, a 501(c)(3) nonprofit, is the Showcase of Nepalis in New York, delivering timely local news and vital resources on immigration, housing, taxes, health, business, and more. Our mission is to safeguard community journalism, amplify the voices of Nepali immigrants in NYC, and foster understanding, solidarity, and empowerment.
By donating to NepYork, you help us enhance participation in democracy, improve access to essential resources, and share authentic stories that reflect the vibrant, diverse experiences of Nepali New Yorkers. Together, we can connect, inform, and empower our community. Every contribution ensures these voices are heard and valued.
Donate today to keep Nepali stories alive and thriving in New York!
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
