CBP Enforces Binary Sex Codes and Enhanced US Passport Validation in APIS

Read more at Greenberg Traurig.

U.S. Customs and Border Protection (CBP) has issued updates to the Advance Passenger Information System (APIS) requirements that may affect business travelers and airlines. These changes, implemented in response to Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” issued in January 2025, introduce enhanced validation requirements for passenger data submitted by commercial air carriers.

Key Changes Overview

Sex Field Requirements: Effective Oct. 14, 2025, CBP systems will only accept “M” (Male) or “F” (Female) in the sex field of APIS transmissions. Any other characters will result in an “X Response-Insufficient Information” error, requiring airlines to resubmit the passenger data with corrected information.

U.S. Passport Format Validation: Starting Oct. 6, 2025, CBP will implement stricter validation for U.S. passport numbers transmitted through APIS.

Implementation Timeline

  • Sept. 17, 2025: Testing environment (EDU) available for sex field validation changes.
  • Sept. 24, 2025: Testing environment available for U.S. passport format validation.
  • Oct. 6, 2025: U.S. passport format validation goes live in production.
  • Oct. 14, 2025: Sex field validation goes live in production.

U.S. Passport Number Format Requirements

Valid U.S. passport numbers must follow one of these formats:

Option 1: Numeric Format

  • Nine numeric digits
  • Must have a numerical value of 4XXXXXXXX or higher

Option 2: Alpha-Numeric Format

  • Nine characters total
  • First character must be A, X, Y, or Z
  • Followed by exactly eight numeric digits

The leading alpha characters indicate passport type:

  • A: Regular passport
  • X: Diplomatic passport
  • Y: Official passport
  • Z: Service passport

Impact on Business Travel

Employer Considerations:

  • Review travel policies and booking procedures with travel management companies;
  • Ensure corporate travel booking systems capture accurate passenger information;
  • Brief frequent business travelers on the importance of providing exact passport details; and
  • Consider potential delays if incorrect information requires resubmission.

Employees Considerations:

  • Double-check that passport information matches exactly what is on the physical document when booking travel;
  • Verify that airlines have the correct sex designation as listed on the passport;
  • Allow additional time for potential rebooking if passenger information errors occur; and
  • Ensure the U.S. passport number format is valid if traveling on a U.S. passport.

Carrier Responsibilities

Airlines remain responsible for comparing travel documents passengers present with the information transmitted to CBP. Airline carriers must ensure accuracy in all APIS data submissions, including traveler sex designation and passport number formatting.

Practical Considerations

  1. Document Verification: Provide passport information exactly as it appears on travel documents.
  2. Sex Designation Accuracy: Ensure the sex designation transmitted to CBP matches exactly what appears on passports, regardless of personal identification.
  3. Passport Updates: Consider whether passport updates may be necessary to ensure smooth travel.
  4. Early Booking: Complete travel bookings in advance to allow time for any necessary corrections.
  5. Travel Management: Work with experienced travel agencies familiar with APIS requirements.
  6. Communication: Ensure clear communication between travelers, booking agents, and airlines regarding exact document details.

Special Considerations

Document Inconsistencies: If travelers’ passports contains a sex designation that differs from their current identification, airlines must still transmit the information exactly as it appears on their passport documents. CBP systems will only accept the “M” or “F” designation that matches travel documents.

Non-Binary Passport Designations: Passports issued with “X” or other non-binary markers will be rejected by CBP systems, requiring resubmission with valid documentation showing “M” or “F” designation.

Passport Updates: Travelers experiencing documentation inconsistencies may wish to consult with the relevant passport issuing authority about available options for updating travel documents.

Takeaways

The implementation of these changes may cause initial adjustment periods. Business travelers and employers should work closely with their travel management companies to enhance compliance with these new requirements. Providing accurate and complete travel documentation remains essential for efficient international travel.

US appeals court rejects Trump bid to restore passport policy targeting transgender people

Read more at Reuters.

A federal appeals court on Thursday declined to allow U.S. President Donald Trump’s administration to refuse to issue passports to transgender and nonbinary Americans that reflect their gender identities.

A three-judge panel of the Boston-based 1st U.S. Circuit Court of Appeals declined, opens new tab to put on hold an injunction issued by a trial judge barring the U.S. Department of State from enforcing a policy it adopted at Trump’s direction.

“We’re thankful the court rejected this effort by the Trump administration to enforce their discriminatory and baseless policy,” said Li Nowlin-Sohl, a lawyer with the American Civil Liberties Union, which pursued the case.

The White House had no immediate comment.

The lawsuit is one of several concerning an executive order Trump signed after returning to office on January 20 directing the government to recognize only two biologically distinct sexes, male and female.

The Republican president’s order also directed the State Department to change its policies to only issue passports that “accurately reflect the holder’s sex.”

The State Department subsequently changed its passport policy to “request the applicant’s biological sex at birth,” rather than permit applicants to self-identify their sex, and to only allow them to be listed as male or female.

Before Trump, the State Department for more than three decades allowed people to update the sex designation on their passports.

In 2022, Democratic President Joe Biden’s administration allowed passport applicants to choose “X” as a neutral sex marker on their passport applications, as well as being able to self-select “M” or “F” for male or female.

Transgender, nonbinary and intersex people represented by the ACLU sued, arguing the policy unlawfully prevented them from obtaining passports consistent with their gender identities or with an “X” sex designation.

U.S. District Judge Julia Kobick agreed, saying the State Department’s policy was arbitrary and was rooted in an irrational prejudice toward transgender Americans that violated their equal protection rights under the U.S. Constitution’s Fifth Amendment.

Kobick, a Biden appointee, initially issued a narrow injunction covering six individual plaintiffs but in June expanded it nationwide after granting the case class action status.

The 1st Circuit panel, comprised of three Biden appointed judges, said the administration failed to make a strong showing that an agency action implementing a presidential directive was unreviewable or meaningfully engage with Kobick’s conclusion the policy reflected “unconstitutional animus toward transgender Americans.”

US judge blocks Trump passport policy targeting transgender people

*This is reported by Reuters

A federal judge on Tuesday blocked President Donald Trump’s administration from refusing to issue passports to transgender and nonbinary Americans nationwide that reflect their gender identities.

U.S. District Judge Julia Kobick in Boston expanded, opens new tab a preliminary injunction she issued in April that allowed six transgender and nonbinary individuals who challenged the policy to obtain passports consistent with their gender identities or with an “X” sex designation while the lawsuit moves forward.

Kobick did so after concluding the policy the U.S. Department of State adopted pursuant to an executive order Trump signed likely discriminated on the basis of sex and was rooted in an irrational prejudice toward transgender Americans that violated the U.S. Constitution’s Fifth Amendment.

While Kobick’s April ruling was limited in its scope, the judge, an appointee of Democratic President Joe Biden, on Tuesday granted the case class action status and halted the policy’s enforcement against transgender, nonbinary and intersex passport holders.

Kobick said granting class action status to two categories of passport holders was appropriate given that the administration’s actions affected them uniformly “by preventing them from obtaining passports with a sex marker consistent with their gender identity.”

Li Nowlin-Sohl, a lawyer for the plaintiffs at the American Civil Liberties Union, called the ruling “a critical victory against discrimination and for equal justice under the law.”

White House spokeswoman Anna Kelly in a statement called the decision “yet another attempt by a rogue judge to thwart President Trump’s agenda and push radical gender ideology that defies biological truth.”

The case is one of several concerning an executive order Trump signed after returning to office on January 20 directing the government to recognize only two biologically distinct sexes, male and female.

The order also directed the State Department to change its policies to only issue passports that “accurately reflect the holder’s sex.”

The State Department subsequently changed its passport policy to “request the applicant’s biological sex at birth,” rather than permit applicants to self-identify their sex, and to only allow them to be listed as male or female.

Prior to Trump, the State Department for more than three decades allowed people to update the sex designation on their passports.

In 2022, the Biden administration allowed passport applicants to choose “X” as a neutral sex marker on their passport applications, as well as being able to self-select “M” or “F” for male or female.

Trump two-gender edict would upend “X” identity on passports

This article first appeared on CNN.com

The federal government is set to only recognize two sexes, male and female, under an executive order that President Donald Trump is soon expected to sign.

The order would reverse efforts by the Biden administration to broaden gender identity designations, including on passports.

“As of today, it will henceforth be the official policy of the United States government that there are only two genders, male and female,” Trump said during his inaugural address Monday, taking an early step to fulfill one of his culture war campaign promises.

The order, a Trump administration official told reporters Monday, is aimed at “defending women from gender ideology extremism and restoring biological truths to the federal government.” Male and female “are sexes that are not changeable, and they are grounded in fundamental and incontrovertible reality,” the official said.

The federal government would also shift from using the term “gender” to “sex,” and that sex would be “an individual’s immutable biological classification,” the official said.

All government agencies would ensure that official documents, including passports and visas, “reflect sex accurately,” the official said. Also, departments running federal prisons, migrant shelters, rape shelters and other “intimate spaces” would be directed to protect single-sex spaces for privacy. And employee records would also adhere to the executive order, as would federal departments’ messaging.

“Agencies are no longer going to promote gender ideology through communication forms and other messages,” the official said, adding that grants and contracts would be reviewed to ensure that “federal funds shall not be used to promote gender ideology.”

Reversing Biden expansion

Trump’s executive order would dismantle efforts by the Biden administration to be more inclusive of Americans’ gender identification.

As of 2022, US citizens have been able to select “X” as their gender marker on passports. One’s marker does not need to match the gender on citizenship documents or photo ID, nor is medical documentation needed to change one’s gender, according to the State Department.

“We promote the freedom, dignity, and equality of all people – including LGBTQI+ individuals,” the department’s website says. “We are demonstrating this commitment to better serve all U.S. citizens, regardless of gender identity.”

Later that year, Americans were able to start changing their sex identification with the Social Security Administration without needing to provide medical certification. However, Social Security’s record systems still require a designation of male or female, though the administration said it was exploring policy and systems updates to support an “X” designation.

“The Social Security Administration’s Equity Action Plan includes a commitment to decrease administrative burdens and ensure people who identify as gender diverse or transgender have options in the Social Security number card application process,” said Kilolo Kijakazi, the administration’s acting commissioner at the time.

Blog at WordPress.com.

Up ↑