Australian LGBTQ+ rights group issues U.S.A. travel advisory

An LGBTQ+ rights organisation in Australia has released a travel advisory for trans and nonbinary individuals planning to visit the United States of America.

According to ‘Washington Blade’, on April 14, Equality Australia published the advisory on its website, highlighting that the U.S.A. government’s policy on visas and the Electronic System for Travel Authorization (ESTA) “appears to be” as follows:

• Utilizing the term “biological sex.”

• Only recognising the gender marker recorded at birth, even if it differs from an individual's current gender.

• Allowing admission of valid foreign passports with an 'X' gender marker and a valid visa (if required), contingent upon U.S.A. Customs and Border Protection officer approval at the port of entry.

• Permitting the validity of any previously issued visa until its expiration, without the need for a new application with an amended gender marker until the current visa expires; it’s unclear if this applies to ESTAs.

• Issuing new visas only based on the birth-recorded gender marker; unclear if this applies to ESTA applications, noting only 'M' and 'F' options are available for ESTA.

• Requiring consular officers to assess additional evidence or conduct interviews if an application lacks the applicant’s birth-recorded gender marker.

• Considering classifying visa applications as fraudulent if they do not use the birth-recorded gender marker, leading to a lifetime U.S. ban.

After taking office on January 20, President Donald Trump issued an executive order prohibiting the State Department from issuing passports with “X” gender markers. Secretary of State Marco Rubio responded by instructing personnel to “suspend any application requesting an ‘X’ sex marker and do not take further action pending additional guidance.” A federal judge in Boston issued a temporary injunction against this directive on April 18.

Equality Australia’s advisory is directed at travelers to the U.S.A. who meet the following criteria:

• Possess a passport with an ‘X’ gender marker.

• Hold identity documents with gender markers differing from those assigned at birth, or have changed other relevant details (e.g., name).

• Have gender markers in identity documents that do not align with gender expression.

• Have a history of LGBTIQ+ activism or other political activities.

The advisory warns, “Travel to the U.S. carries serious risks that should be considered before planning any travel, particularly if you fall under one of the above categories.”

Germany, Denmark, Finland, and the Netherlands are among the nations that have also issued travel advisories for trans and nonbinary individuals planning visits to the U.S.A.

WorldPride is scheduled in D.C. from May 17 to June 8. On March 12, InterPride, the group organising WorldPride events, issued a similar travel advisory for trans and nonbinary travellers to the U.S.A. In February, Egale Canada, a leading LGBTQ+ advocacy group in Canada, announced it would not partake in WorldPride or any other U.S.A. event due to policies enacted by the Trump-Vance administration.