It’s not yet clear how one of U.S. President Donald Trump’s first executive orders would impact Canadians who carry gender-neutral passports if they travel to the U.S.
On Monday, Trump ordered the U.S. government to recognize only two sexes: male and female. The order also says all federal documents — including passports — should refer to “sex” rather than “gender.”
Since 2019, Canadians who do not identify as female or male can list their gender as “X” on their passports.
CBC News asked the U.S. Customs and Border Protection agency what Canadians with an X on their passports can expect if they try to enter the country in the wake of Trump’s executive order. The agency referred CBC News to the White House press office which has yet to respond to a question about the order.
Helen Kennedy, executive director of advocacy organization Egale Canada, said it’s a “scary” and “precarious” time for Canadians with gender-neutral passports — and the 2SLGBTQ+ community in general.
“We don’t know right now what’s going to happen and that’s what makes it very, very difficult for people to assess the safety of whether or not they should be going into the States at all,” she said.
Fae Johnstone, executive director of Queer Momentum, told The Canadian Press that she will be avoiding travel to the U.S. for now over fears her passport will be rejected at the border.
“It is nothing short of an existential assault on the very existence of trans and gender-diverse people both in America and around the world,” Johnstone said.
Carrying a gender-neutral passport can already lead to difficulties generally in the U.S., Kennedy said.
“There is nothing stopping any border immigration officer from preventing people with X on their passports from entering their country,” she said.
“On one level it’s been escalated now to a formal policy.”
Canada updated travel advice in 2023
Global Affairs Canada told CBC News in an email that it is aware of Trump’s executive order and “is closely monitoring this development.” The department said Canadians should monitor its travel advisory website for updated advice.
“Each country decides who enters its borders. The decision to travel is the sole responsibility of the traveller,” the email said.
The government’s website currently has broad advice for individuals who list their gender as X on their passports. It says they might face restrictions when travelling and that the Canadian government cannot guarantee entry into other countries.
In 2023, the government updated its travel advisory for individuals travelling to the U.S. in the wake of anti-2SLGBTQ+ laws passed in a number of U.S. states.
That advice tells travellers to beware of laws that criminalize same-sex activities and relationships, or target people based on their sexual orientation or gender identity.
Kennedy and Johnstone said they want Canada to update its guidelines on travel to the U.S. and to explain what it means for transgender and non-binary Canadians crossing the border.
“I’m sure because our community is very plugged in to what’s going on in the U.S. right now that people are exercising caution. But I think that the Canadian government has a responsibility to inform folks of what’s happening,” Kennedy said.
For now, Kennedy said she would recommend anyone with a gender-neutral passport to avoid travel to the U.S. unless it’s absolutely necessary.
