Germany issues warning for transgender & nonbinary people traveling to the U.S.

Germany has issued a warning that transgender and nonbinary travelers may face difficulties entering the United States under the Trump administration’s new policies. The warning, first reported by the German newspaper Rheinische Post on February 26, advises travelers to check with U.S. authorities before making their trip as the federal government moves to erase legal recognition of transgender people and restrict their ability to update official documents.

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A German official confirmed to The Advocate that “transgender and nonbinary individuals traveling from Germany to the United States should contact the responsible U.S. authorities prior to travel to the U.S. to inquire about current entry regulations.” The advisory follows an executive order from President Donald Trump on the day of his inauguration on January 20, mandating that all government-issued documents, including passports, reflect only an individual’s sex assigned at birth. The state department policy instructs consular officers to flag applications where there is “reasonable suspicion” that an applicant is trans, a move critics say amounts to a ban on transgender visa holders.

The State Department, in response to The Advocate’s inquiry, defended the changes, stating that “each visa applicant is required to establish his or her credibility, identity, and purpose of travel to the satisfaction of the consular officer.” A State Department spokesperson added that consular officers “have the authority to request any information or documents necessary to establish the applicant’s identity and qualifications for the visa.”

“This includes any time there is a discrepancy in the identity documents that an applicant provides,” the spokesperson continued. “To verify an applicant’s sex at birth, the consular officer may consider documents provided by the applicant, including his or her passport or birth certificate and any others as needed.”

The spokesperson also confirmed that the State Department is no longer issuing passports with an X gender marker, following Trump's executive order.

“We are only issuing U.S. passports with a male or female sex marker that matches the applicant's biological sex as defined in the Executive Order,” the spokesperson said. “U.S. passports previously issued with an X marker will remain valid for travel until their expiration date.”

However, the department is allowing individuals with an X marker to apply for a replacement passport reflecting their sex assigned at birth free of charge if their X passport was issued less than one year ago. The updated policy is outlined on the State Department's website.

Related: Marco Rubio may have just banned trans foreigners seeking visas from U.S. entry

Germany’s warning underscores the growing international consequences of Trump’s anti-transgender policies. While the U.S. is restricting legal gender recognition, the German official noted that the European country is moving in the opposite direction. On November 1, the country’s Self-Determination Act went into effect, making it easier than ever for transgender and nonbinary individuals to update their legal documents.

“The self-determination law makes changing your first name and gender marker easier than it has been in the past,” the German official told The Advocate. “Transgender and nonbinary persons can now change their first name and their gender marker through a notarized declaration. Through this process, they can obtain new birth certificates and ID documents reflecting their gender identity.”

German citizens — whether in Germany or abroad — can now submit their declarations at local registry offices, consulates, or embassies instead of going through a court process, according to the German Embassy. The German government strongly encourages individuals to obtain a certificate confirming their gender marker change before applying for an updated passport.

Related: Donald Trump’s government declares that transgender and nonbinary people don’t exist

For U.S. citizens traveling to Germany, entry requirements remain unchanged. The German official said, “U.S. citizens traveling to Germany need to be in possession of a valid passport and need to have sufficient financial means for the duration of their stay, among other requirements.” The official added that “U.S. citizens traveling to Germany do not need a visa for stays under 90 days in a 180-day period. Even for long-term stays in Germany, a residence permit can be obtained directly in Germany without a visa prior to travel.”

Germany’s warning follows Trump’s sweeping executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order eliminates federal recognition of transgender people, mandates that all government documents reflect sex assigned at birth, rescinds protections for trans individuals in federally funded institutions, and strips funding for gender-affirming health care.

Rubio’s State Department memo builds on Trump’s executive order by granting consular officers broad discretion to deny visas to transgender travelers. Immigration experts warn that this could shut out transgender people from the U.S. entirely, including those seeking asylum or attending international LGBTQ+ events like WorldPride in Washington, D.C., from May 17 until June 8.

Reports have already surfaced of transgender Americans facing delays in passport renewals, with some receiving passports with incorrect gender markers despite previous updates. There is growing concern that these policies could trap transgender Americans inside the country while blocking transgender foreigners from entering.

The U.S. State Department did not immediately respond to The Advocate’s request for comment.

Editor's note: This story was updated to include additional reporting, including a statement from the U.S. State Department.