View the latest information on passports for nonbinary and trans New Jersey residents.
On June 17, a federal judge granted class certification to all nonbinary and trans people seeking to update their passports in Orr v. Trump. This means that nonbinary and trans people seeking to apply for a new passport or update an existing one should be able to do so. Despite this, we are maintaining our travel advisory for all nonbinary, trans, and gender diverse New Jerseyans.
Our travel and federal identity document advisory remains in effect. Please read it carefully before making travel plans.
Despite the judge’s decision, the federal Department of State has not yet issued guidance for passport officers on how to proceed. The individual experiences of nonbinary, trans, and gender diverse individuals seeking to update their passports will vary, but caution is strongly advised.
The ACLU recommends that individuals not yet apply for a new, renewed, or corrected passport with a changed gender marker. If you have an urgent need for travel and must apply for a passport, they recommend that you apply in person, bring a copy of the court’s order, inform the passport officer that you are a member of the class, and that the court order applies to you. The ACLU further highlights that such applications still carry risk of rejection and seizure of materials submitted with the passport application, despite the June 17 court order.
Current best practices and suggestions are being updated in real time as we learn more, and advocacy and policy experts are actively working on next steps for individuals who have received identification documents with an incorrect gender marker.
Resources:
- ACLU National has a detailed Q&A about the recent court decision and what it means for nonbinary and trans people applying for passports.
- ACLU-NJ is referring questions, complaints, and requests for assistance to ACLU National via their Passport and Gender Marker Intake Form.