Is it currently possible to travel to the US as a non-US citizen with gender designation X on their passport (from a country from which no visa is required)?
Please provide links to official guidance.
The answers to How does Executive Order 14201 change U.S. entry requirements for transgender travelers? talk about visas, but not requirements when travelling on a passport for which no visa is required.
This is the New rules from the white house website:
"Sec. 2. Policy and Definitions. It is the policy of the United States to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality. Under my direction, the Executive Branch will enforce all sex-protective laws to promote this reality, and the following definitions shall govern all Executive interpretation of and application of Federal law and administration policy:
(a) “Sex” shall refer to an individual’s immutable biological classification as either male or female. “Sex” is not a synonym for and does not include the concept of “gender identity.”"
"Sec. 3. Recognizing Women Are Biologically Distinct From Men.
(a) Within 30 days of the date of this order, the Secretary of Health and Human Services shall provide to the U.S. Government, external partners, and the public clear guidance expanding on the sex-based definitions set forth in this order.
(b) Each agency and all Federal employees shall enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes. Each agency should therefore give the terms “sex”, “male”, “female”, “men”, “women”, “boys” and “girls” the meanings set forth in section 2 of this order when interpreting or applying statutes, regulations, or guidance and in all other official agency business, documents, and communications.
(c) When administering or enforcing sex-based distinctions, every agency and all Federal employees acting in an official capacity on behalf of their agency shall use the term “sex” and not “gender” in all applicable Federal policies and documents."
Finland:
https://um.fi/resemeddelande/-/c/US
"If the gender listed on the applicant's passport does not match the gender assigned at birth, the US authorities may deny the application for a travel permit or visa. Please check the entry requirements with the US authorities in advance."
The US state department says:
https://travel.state.gov/content/travel/en/passports/passport-help/sex-marker.html
"All passports - including those with an X marker or those listing a sex different from your sex at birth - will remain valid for travel until their expiration date, under International Civil Aviation Organization (ICAO) policy."
So in conclusion, The agencies responsible have been told about the change, and it is already in effect. But it looks like anyone with a passport that already has a gender X in the USA, will be allowed to keep useing it until it expires. It is likely the same with international travelers, as it seems the International Civil Aviation Organization (ICAO) policy is what governs international passports. It looks like this change applies to anyone starting new passport applications or visa applications in the USA or traveling to the USA. So if you just use passport to enter you will likely be ok, but if you need to fill out forms for Visa then you might have conflicts.
I would still check with the USA embassy in your country before you try, or find the exact wording in the ICAO that supports passports that are already issued.
