"I'm transgender and a US citizen. Do I need to worry about my passport?"
* If you already have a passport, and it doesn't need renewal soon: Do nothing. Currently you are fine.
* If you don't have a passport, and have no immediate plans to leave the US: Consider doing nothing.
* If you've NEVER applied for a passport:
* If you have a passport and need to renew:
* If you mailed in a renewal/application in the last month and haven't heard back yet:
Now things get complicated/upsetting.
(1/4)
If the State dept has any record of you ever having changed gender markers— *even if you were previously issued a correct-gender passport*— all reports say Rubio's State dept simply takes your application, your old passport, *and supporting documents like birth certificates*, and *won't give them back*. These have been "on hold" for weeks; there's no sign what they intend to do or when. The ACLU (who *is* suing) recommends trans ppl NOT renew passports right now.
https://bsky.app/profile/aclu.org/post/3lgixjvnwm223
(2/4)
There are some *limited* options you still have. If you're in one of:
Michigan
Minnesota
New York
Vermont
Washington
You can get a "Enhanced Drivers License"¹ (or in NY at least, a "Enhanced Non-Driver ID"). This is proof of US citizenship within the US. If you have an EDL *or* a tribal ID, this is sufficient to cross into Canada², or to re-enter the US from Canada, Mexico or the Caribbean. These only work by *land or sea* (not air).
(3/4)
¹ https://www.dhs.gov/enhanced-drivers-licenses-what-are-they
² https://www.cbsa-asfc.gc.ca/travel-voyage/td-dv-eng.html#:~:text=Electronic%20Travel%20Authorization.-,us%20citizens,-If%20you%20are
The EDL/EDID helps because it is issued by a state; even with the Federal govt run by fascists you can still get one (with a correct gender marker!). If you are trans and live in one of these states I recommend getting one asap.
Caveats/weirdness:
- It turns out US citizens can *enter* Canada by land or sea with only a birth certificate and an ID… but the US might not allow you back in³ ⁉️❓ ❗
- I am not a lawyer or citable source, data checked as of 2025-02-03
(4/4)
³ https://www.help.cbp.gov/s/article/Article-1467?language=en_US
(5/4 — do I need to say this?)
1. RealID *is not* EDL
2. *Why is it you're going to Canada?*
Canada tourist visas for USians are generous— up to 6 months!— BUT border guards are VERY touchy about ANY sign you intend to overstay a visa OR work in Canada without a work permit. They CAN deny entry arbitrarily, and being denied entry is a permanent black mark. HAVE AN EXPLANATION FOR WHERE YOU LIVE, WHERE YOU'RE STAYING, AND WHEN YOU INTEND TO LEAVE. Don't try to immigrate without a lawyer.
@xgranade @mcc FWIW, Canadian border control has been by far the most stressful of anywhere I’ve traveled in N America, Europe, Asia, Central America. Don’t get rattled! Just be polite and clear, and know they may intentionally try to throw you off guard.
(I don’t blame them, it’s just a lot. US is obviously the stressiest and scariest for visitors.)
I always tell folks, Canadian border patrol is bureaucratic but polite. Dot your Is and cross your Ts and you should be outta there fairly quickly. US border patrol is full chaotic neutral. I've been waved through before I could even get the car into park, and conversely I've had them have military grade rifles in their hands while peeking through my trunk and shouting about whatever they thought I surely must have with me (I had just a suitcase).
I'd usually rather cross into Canada a dozen times than come home to the States, though each port of entry is its own vibe.
@klardotsh @xgranade @kissane @mcc @jstatepost
Can confirm.
Years ago, I was part of a group that went from #ND to #Winnepeg.
We were stopped because they saw something in the trunk that they had a question about. It was a pair of boots, but the border guy thought it might be a container of some sort.
"Sir, would you please step out and answer a couple of questions about something I'm seeing in your trunk?"
We were broke college kids in a beater. We probably did look sketchy af.
@mcc bonus PSA: when literally half (1 out of 2) of the land options available is México, it's a Really Good Idea to learn Spanish if you don't already speak it.
But also, do try your best to stay and fight. If you're in the US, your shit has a lot of influence worldwide. Hold the line.
@mcc When I last checked (~2011-2015 maybe?), I think it was something like "we could let you enter Canada on a US DL but we won't because the US won't let you back in". I don't remember seeing anything about EDLs.
Weirdly, I can't seem to find anything on gc.ca explicitly stating that you can enter on a US EDL: https://www.cbsa-asfc.gc.ca/travel-voyage/td-dv-eng.html does not mention them at all (but they likey fall under "proof of [US] citizenship"); the closest I've found is https://travel.gc.ca/returning/customs/entering-canada#id which has them in a list of documents that might not be enough to convince the airline to let you board, suggesting that they might otherwise be sufficient for travel.
Here in Canada, back in the days before C-16 went through during Harper's reign, I faced similar when applying for an update to my citizenship papers.
There is a legal process I had to resort to to compel the politicians and the civil service to do their damn jobs called a Writ of Mandamus. I'm not sure how it shakes down in the US, but it's potentially a less expensive legal option than suing or waiting on the ACLU.
@mcc @inthehands Ennnh...my concern (as an EDL holder) is that when applying for an EDL/EID, you're held to the same State Department passport standards, as far as I can tell. I'm not 100% sure the Minnesota gender self-declaration holds for EDL. 😕
(But it's an interesting avenue to explore, if one can afford the risk of failure.)
mcc
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