Australian LGBTQ+ rights group issues US travel advisory

(Screen shot from Equality Australia’s website)

An LGBTQ+ rights group in Australia has issued a travel advisory for transgender and nonbinary people who plan to visit the U.S.

Equality Australia on April 14 posted the advisory to its website that states the U.S. government’s policy on visas and Electronic System for Travel Authorization or ESTA “appears to be” the following:

• To use the term “biological sex”
• To only use the gender marker recorded at a person’s birth, even if this differs from their gender
• That valid foreign passports with an ‘X’ gender marker and a valid visa (if needed) may continue to be admitted, however this is contingent upon satisfying inspection of their admissibility by the U.S. Customs and Border Protection officer at the port of entry
• That any previously issued, valid visa may remain current until its expiration date and the visa holder does not need to apply for a new visa with an amended gender marker until the current visa expires (it is unclear whether this applies to ESTAs)
• That new visas will only be issued under the gender marker recorded for the applicant at birth (it is unclear whether this applies to ESTA applications, although only ‘M’ and ‘F’ gender marker options are available for ESTA applications)
• That if consular officers assessing visa applications become aware an application does not contain the gender marker recorded at the applicant’s birth, they should assess additional evidence (such as previous travel records, although the scope is unclear), and/or conduct interviews and
• That where individuals are not using the gender marker recorded at their birth, consular officers should consider classifying the application as procuring a visa through material misrepresentation or fraud, which results in a lifetime bar from the U.S.

President Donald Trump shortly after he took office on Jan. 20 issued an executive order that bans the State Department from issuing passports with “X” gender markers. Secretary of State Marco Rubio in response to directive ordered State Department personnel to “suspend any application requesting an ‘X’ sex marker and do not take any further action pending additional guidance from the department.” A federal judge in Boston on April 18 issued a temporary injunction against the Trump-Vance administration’s directive.

Equality Australia says its advisory is “relevant if you are traveling to the U.S.” and fall under the following criteria:

• Hold a passport with a gender ‘X’ marker
• Have identity documents with gender markers different to those assigned to you at birth, or where other relevant details (such as your name) have been changed
• Have gender markers in your identity documents that do not match your gender expression
• Have a track record of LGBTIQ+ activism or other political activity.

“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,” reads the advisory.

Germany, Denmark, Finland and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

WorldPride is scheduled to take place in D.C. from May 17-June 8.

InterPride, the organization that coordinates WorldPride events, on March 12 issued its own travel advisory for trans and nonbinary people who want to travel to the U.S. Egale Canada, one of Canada’s largest LGBTQ advocacy organizations, in February announced its members will not attend WorldPride and any other event in the U.S. because of the Trump-Vance administration’s policies.

The National LGBT Media Association represents 13 legacy publications in major markets across the country with a collective readership of more than 400K in print and more than 1 million + online. Learn more here: NationalLGBTMediaAssociation.com.