Transgender People and TSA/CBP

One aspect of immigration to the United States is going through U.S. Customs and Border Protection (CBP) and the Transportation Security Administration (TSA). While these airport processes are stressful for many people, including immigrants, there is an added level of stress for immigrants who are transgender and do not identify with the gender they were assigned at birth. Therefore, the focus of this article is to inform about ways to navigate this process for transgender immigrants to ensure protection and safety for our clients.

TSA

In 2022, the Department of Homeland Security announced new changes to the TSA to mark Transgender Day of Visibility to make flying a safer and easier process for transgender people. The most significant of these changes was making it so the full-body scans would no longer be based on gender, an aspect of the security process that can lead to invasive searches and harassment from airport officials. As well, when verifying identification, gender considerations will be removed as a way of streamlining the process and removing undue stress for the flyer.

When entering TSA, it is incredibly important to know what documentation is acceptable. For domestic flights, State photo ID, State driver’s license, Foreign passport, and USCIS Work Permit are all acceptable forms of identification. The full list of documentation is available here. However, for international flights, it is more complicated, and you should reach out to your attorney or the Benach Collopy team for advice regarding international travel depending on your immigration status.

CBP

The DHS similarly added new guidelines and made changes to CBP’s policy when interacting with transgender individuals at U.S. ports of entry. One such change was using gender-neutral language with travelers and using an individual’s self-identified pronouns and name as a means of effectively communicating with them. Further, on a U.S. passport, you now can select X as your gender marker, and you do not need medical documentation to do so.

These protections make it easier to navigate CBP as a transgender individual, but it is still possible for issues to arise. If you have specific questions regarding exiting the country and entering the country as an immigrant who is transgender, it is important to contact us at 202-644-8600 and the Benach Collopy team will be available to assist you.