Garden State Equality is expanding on our previous travel advisory for nonbinary and trans New Jersey residents. While our previous travel advisory applied only to international travel, we now also advise travelers to exercise caution when traveling domestically.
Nonbinary, trans, and gender diverse people, people with X gender markers, people whose gender marker differs from their sex assigned at birth, and people who are visibly gender-nonconforming experience scrutiny, harassment, and potential adverse action from government agencies. These risks have only deepened amidst the Trump administration’s discriminatory actions to roll back access to accurate identification documents, creating a pathwork of inequality across the country and leaving many exposed to greater harm.
As far as we know, Trump administration policy around identification documents has not changed since our last advisory. It remains true that state-level identification documents, including REAL ID driver’s licenses and state ID cards, are governed at the state level and are not affected by the Trump administration’s executive orders.
If you are not a US citizen, use extreme caution when traveling, especially internationally—even if you’re a permanent resident or visa holder. Multiple countries have advised against travel to the US, particularly if the gender on your passport doesn’t match your birth documents.
We currently expect that the majority of nonbinary and trans US citizens, particularly those taking domestic flights, will not encounter issues. Travelers should consider preparing for the unlikely event of difficulties at the airport. If your New Jersey ID is rejected at an airport, please email us at [email protected].
Think about the following before you travel:
- Travel with another person, if possible.
- If you have another form of valid identification that has an M or F gender marker, you may want to use that instead of the one with an X gender marker.
- Before traveling—whether to a different state or a different country—consider the sentiment towards LGBTQ+ rights and visibility at your destination.
- Before traveling internationally, consider speaking with an immigration attorney who is competent on trans rights. Memorize their phone number or keep their phone number in an easily accessible place so that you can call them immediately if you are detained when reentering the United States.
- Do not bring any electronic devices that you don’t have to bring when traveling. Think about the contents of the electronic devices you do have on you, including any accounts you’re logged into, and consider removing or logging out of anything you do not want the government to be able to access.
- You have the legal right to refuse to unlock your phone or enter any passwords for law enforcement agencies—whether or not you do is a personal decision. Consider the fact that using facial recognition or your fingerprint to unlock your devices will make it easier for officers to unlock your device.
- Remember that staring May 7, all domestic flights will require REAL ID-compliant identification, such as a REAL ID driver’s license or state ID card, or a passport.
Garden State Equality and other LGBTQ+ advocacy organizations around New Jersey and the nation are with you in these difficult times. We’re monitoring the situation closely and will continue to update our communities as we have updates.
Our Trans Resiliency programming, including our Name Change Project, is here to help you change your state-level identification documents and help you navigate the changing legal landscape. And our friends at the ACLU and Lambda Legal are fighting to reverse the Trump administration’s illegal and discriminatory directives around passports.
No matter how dark it is, you are not alone.