News on Journey-Binary Passports – Greenspoon Marder LLP

By: Patricia Gannon, Esq. and Marcela Bermudez, Esq.

Effective October 14, 2025, U.S. Customs Border Protection (CBP) programs will solely settle for “M” (Male) or “F” (Female) within the intercourse subject of Advance Passenger Information Systems (APIS) transmissions. Any different characters will end in an “X Response-Insufficient Information” error, requiring airways to resubmit the passenger knowledge with corrected data.

As background, in July, CBP instructed airways and different journey carriers on a new rule that they need to submit “M” (male) or “F” (feminine) within the intercourse subject of the pre-departure data they transmit to CBP by the APIS, even when the traveler’s passport comprises a intercourse indicator apart from M or F or doesn’t in any other case point out the intercourse of the traveler.

This new rule, and others, relies on Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.

Identifying solely binary intercourse recognition modifications the earlier apply of airways having the ability to record gender markers different than simply “M” (male) or “F” (feminine)—together with an “X” gender marker to CBP earlier than a flight. Should a passenger’s passport record a gender apart from M or F, the service can have its personal approach of deciding which gender to make use of.

Airlines stay chargeable for evaluating the journey paperwork passengers current with the data transmitted to CBP. Airline carriers should guarantee accuracy in all APIS knowledge submissions, together with traveler intercourse designation and passport quantity formatting. Traveling with a gender marker that doesn’t match your bodily presentation can result in confusion or elevated scrutiny from safety personnel. You could also be topic to delays and questions if there’s a discrepancy. Some international locations are issuing warning, like Canada who permits for X gender passports. They acknowledge that different international locations could not settle for this designation.

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