Countries around the world are now warning transgender people against travelling to the United States. These advisories focus on the challenges one may face with passport gender markers and transgender-inclusive entry requirements. Policies regarding gender identity and sexual orientation in the United States seem to be changing on a daily basis. In anticipation, countries such as Denmark, Ireland, Germany, and the Netherlands are encouraging their citizens to get ready for these changes.
The U.S. State Department ranks countries on a travel advisory scale from “Level 1: Exercise Normal Precautions” to “Level 4: Do Not Travel.” This week’s advisories shed a disturbing light on escalating concerns over the treatment of transgender Americans in this country. These concerns have been amplified, particularly in light of recent state legislative changes targeting the LGBTQ+ community. These changes have led countries around the world to act proactively to protect their populations.
Specific Travel Challenges Highlighted
Indeed, the Netherlands has just published an extremely informative travel advisory page tailored to U.S. citizens. It currently requires American passport holders to present papers that correspond with their sex assigned at birth. This requirement is particularly troubling, as many transgender people have obtained updated gender markers on their documents.
Denmark’s advisory warns citizens that it could be difficult to enter the U.S. if their passport features an “X” marker for their sex. It also makes clear that the final determination on an individual’s entry is left to border agents at port of entry.
“If you have the gender designation X in your passport or you have changed gender, it is recommended to contact the US embassy prior to travel for guidance on how to proceed.” – Denmark
Ireland in particular has tuned into these worries. The government has misled people into thinking they need to complete forms stating their sex to receive an ESTA visa waiver.
Germany’s new advisory shifts to a more targeted focus. It focuses on fears of gender identity rather than well established travel concerns, like transit on connecting flights through Mexico or to well traveled tourist destinations.
“Travelers whose sex on their passport differs from sex assigned at birth should contact the Embassy of the United States of America in Dublin for further details on specific entry requirements.” – Ireland
Broader Implications of U.S. Policies
The advisories come against the backdrop of a patchwork of anti-LGBTQ+ policies taking root across the United States. Lately, recent actions have focused on limiting people to only male or female. An executive order signed by former President Donald Trump requires that travel documents match the individual’s sex assigned at birth. Indeed, such policies have sent shudders through the rest of the world, causing a flurry of countries to respond.
Finland’s travel advisory states that obtaining a valid ESTA or visa “does not guarantee entry into the USA.” The individual border patrol officers make the final decision.
“A valid ESTA or visa does not necessarily grant entry to the United States.” – Finland
The advisory notes that your applications for travel permits or visas could be rejected. This might occur if the gender you indicate differs from your sex assigned at birth.
Japan, Australia, and Canada are not far behind in paying attention. They have sounded alarms on the growing threats to public safety in America, particularly after devastating and highly visible acts of gun violence.
Real-Life Experiences Reinforce Concerns
These advisories point to valid concerns based in lived experience. One dramatic illustration is the story of Jessica Brösche, a German tattoo artist. She attempted to come legally through the American border from Mexico and found herself in detention. Despite weeks of advocacy on her behalf, she was finally deported. Brösche’s case underscores the dangers and discriminatory experiences that transgender travelers are still subjected to. It underscores our worst fears about how these people are treated at the U.S. border.
Portugal has the travel advisory chorus among nations warning their citizens against traveling to the U.S. Additionally, the advisory warns that possessing an ESTA or visa does not ensure admission to the U.S. It further calls on visitors to openly disclose their purpose of visit and duration of stay.
“The final decision is always taken by the border agent on arrival to the North American territory.” – Portugal
Non-binary travelers confronted with this dilemma on immigration forms. They need to choose “male” or “female”, which is defined by their sex at birth, making their process of entry troublesome.
