On October 14, U.S. Customs and Border Protection (CBP) began rejecting any gender marker in its Advance Passenger Information System (APIS) that is not “M” or “F.” According to the July 2025 CBP Carrier Liaison Program Bulletin, airlines are now required to enter either “M” or “F” in their passenger data transmissions, even if a traveler’s passport lists an “X” gender marker.
CBP initially introduced the rule on July 14, 2025, with a 90-day period of “informed compliance.” During that time, airlines were permitted to continue submitting nonbinary gender markers while updating their systems and procedures. That adjustment window closed on October 12. Now, entering a marker other than “M” or “F” triggers a system error that must be corrected before passenger information can be processed for a flight.
The directive stems from Executive Order 14168, signed January 20, 2025, which requires all federal identification systems to recognize only two sex categories: male and female. The order also eliminates the option for nonbinary designations on federal documents. Airlines are not subject to penalties for mismatches that occur under the new process, but the CBP bulletin acknowledges that discrepancies between official travel documents and transmitted data may arise.
U.S. passports that already include an “X” marker remain valid until they expire. However, the State Department stopped accepting new or renewal passport applications requesting an “X” designation or a change in gender marker earlier this year under the same executive order. The department’s website continues to display its prior self-selection policy but notes that updates are pending as litigation continues.
In July, a federal court issued a preliminary injunction in Orr v. Trump, directing the government to continue issuing passports that align with a person’s gender identity, including “X” markers, for certain applicants. The injunction has limited enforcement of the executive order while the case proceeds.
The new CBP rule has also drawn international concern. On October 1, Canada’s government issued a travel advisory warning citizens with “X” markers that they may still be required to choose either male or female when entering the United States. Reuters reported that Canadian officials have not documented any denials of entry tied to “X” markers but recommended that travelers prepare for possible delays or additional screening.
Critics say the policy effectively forces airline staff to assign a gender that may not match a traveler’s identity or valid documentation. The American Civil Liberties Union and other organizations continue to challenge the order, arguing that it violates the rights of transgender and nonbinary people.