USCIS Returns to Biological Standards : Only Male and Female Recognised in Immigration

In a move that has reignited national debate over gender identity and federal standards, the United States Citizenship and Immigration Services (USCIS) officially announced a significant update to its policy this week: USCIS recognises only two biological sexes, male and female, when processing immigration-related benefits.

The change stems directly from an executive order signed on January 20, 2025, titled Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. The directive was one of the first issued by President Donald J. Trump after his inauguration as the 47th President of the United States.

“US Citizenship and Immigration Services is updating the USCIS Policy Manual to clarify that it only recognizes two biological sexes, male and female,” the agency stated in its official press release.

USCIS: Restoring “Biological Truth” to Immigration Procedures

The updated guidance marks a return to what officials are calling the “historical policy” of the agency. The revised stance means that sex—defined strictly as biological male or female—will now be considered based primarily on the information listed on a person’s birth certificate issued at or near the time of birth.

According to the USCIS:

“If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.”

Although the agency clarified that benefits would not be automatically denied based solely on discrepancies in sex designation, it warned that such differences may cause delays in processing immigration applications.

Further, the agency will not issue identification documents with blank or non-binary sex markers and will only reflect sex as evidenced on official birth documents. This reinforces the administration’s stance that government documentation must align with what it describes as “biological truth.”

Homeland Security Weighs In: A Matter of National Security

Assistant Secretary of Homeland Security, Tricia McLaughlin, voiced strong support for the new USCIS directive. In a statement, she described the policy as a return to “common sense” and “simple biological reality.”

“There are only two sexes — male and female. President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the US government agrees with simple biological reality,” McLaughlin said.

She further emphasized that the management of immigration is not a platform for promoting ideologies, saying:

“Proper management of our immigration system is a matter of national security, not a place to promote and coddle an ideology that permanently harms children and robs real women of their dignity, safety, and well-being.”

Political Landscape: Executive Orders and Cultural Shift

This USCIS update follows President Trump’s broader announcement shortly after taking office that the federal government will only recognize two genders—male and female—going forward. This declaration set the tone for a series of federal policy changes designed to, as he stated, “restore a merit-based and colorblind society.”

The executive order cited by the USCIS is seen by supporters as a pushback against what they describe as “gender ideology extremism,” while critics argue that it could marginalize transgender and non-binary individuals navigating federal systems.

While the policy change affects a specific area of immigration, its implications ripple across federal governance, signaling a broader philosophical shift under the new administration.

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