Overview

• Global Affairs Canada added new guidance on September 29 cautioning 2SLGBTQI+ travellers that U.S. officials may question passports with an ‘X’ marker and request sex assigned at birth.
• The advisory says U.S. federal forms and processes may now require sex-at-birth details for visa applications, NEXUS enrollment, passenger manifests, passport applications and Social Security paperwork.
• Ottawa warns that U.S. visas and permanent-resident status can be reassessed and terminated, including for prior criminal convictions or for living outside the United States longer than permitted.
• U.S. Customs and Border Protection has removed the ‘X’ option from NEXUS applications, and Canada aligned its NEXUS process to male/female only in August.
• A federal judge temporarily paused enforcement of the U.S. passport restriction in June, yet litigation continues and Canada notes it cannot guarantee entry where the ‘X’ identifier is not recognized.