During the second administration of President Trump, they unleased many attacks against trans and other marginalized communities at large. At Transgender Law Center we continue to closely analyze the ongoing attacks and their progressions.
Transgender and nonbinary migrants deserve to feel safe in the United States, and to find autonomy and control throughout the immigration process.
What’s Happening?
Visas: Enhancing Vetting and Combatting Fraud in the Diversity Immigrant Visa Program is a final rule issued by the State Department on 03/11/2026 implementing a change in regulations governing the Diversity Visa program, or green card system. In short, the rule changes the word “gender” to the word “sex” on the Diversity Visa application form.
In response to comments made to the proposed rule, the State Department clarified that “sex” is intended to mean an individual’s sex assigned at birth, “even if that differs from the sex listed on the applicant’s foreign passport or other identifying documentation.” This rule went into effect April 10th, 2026.
Went into effect 4/10/26
the rule changes the word gender to sex on the Diversity Visa application form.
Immediate Impacts
It’s likely that this change will flag trans applications for the Diversity Visa program, potentially for exclusion from the program by the State Department.
Many countries now issue passports with updated gender markers, which would force applicants to reveal their trans identity to the State Department. Likewise, applicants with an X on their passport from their country of origin will be exposed.
The rule will also give more latitude to the State Department to question an applicant’s gender for any reason (appearance, work history, etc) and potentially require more documentation to reveal one’s sex assigned at birth.
