The U.S. Department of State issued a revision to the Diversity Immigrant Visa (DV) program that has provoked anxiety in immigrant and transgender communities. Announced on March 11 and scheduled to take effect on April 10, the update asks DV applicants to upload scans of the biographic and signature page of their passports and replaces the word gender with sex in application forms. The rule also instructs applicants to report their sex assigned at birth, even when that designation differs from what appears on their foreign passport.
Officials framed the passport-scan requirement as a measure to prevent third-party fraud and extortion, where others submit entries on someone else’s behalf. But advocates and immigration lawyers warn that the change — linked to a January 2026 executive order directing agencies to use the phrase biological sex — could expose transgender petitioners to heightened scrutiny and inconsistent outcomes when their identity documents do not match their lived identities.
Key elements of the policy and the stated rationale
The rule requires applicants to provide a scanned image of the passport biographic and signature page, and to record their biological sex at birth on DV forms. The State Department cited concerns about fraud as the motivating factor for the documentation additions. By replacing gender with sex across paperwork, the agency is implementing language from the President’s earlier directive. For many applicants, the procedural changes appear straightforward; for transgender people, however, the interaction between passport markers and required disclosures creates new legal and practical ambiguity.
Legal uncertainties and fraud definitions
One obvious question is whether a mismatch between an applicant’s listed sex assigned at birth and their passport could be treated as a criminal misrepresentation. Immigration law uses terms like misrepresentation and cites forged or fraudulent documents as grounds for denial or removal. But attorneys caution that the administration has not explicitly declared that amended birth certificates or gender-marker changes will be deemed “fake” in every case. The distinction matters because the legal threshold for labeling something as fraud can determine whether an application is rejected or whether harsher immigration consequences follow.
Practical consequences for transgender applicants
Asks to disclose biological sex and to upload passport pages may force transgender people into a choice between accurate self-identification and producing paperwork that reflects their affirmed identity. Advocates warn the policy could lead to increased requests for documentation, deeper vetting, and inconsistent handling by adjudicators. There is also concern that an application could trigger allegations of false statements if an applicant records a gender identity that differs from their passport and does not simultaneously provide their sex assigned at birth, or vice versa. Past guidance and litigation around gender-marker changes show government approaches vary, so outcomes may be unpredictable.
Effect on people already inside the United States
Some community members feared the DV change would be leveraged to expand profiling or detention of transgender people generally. Experts note that while U.S. immigration enforcement has a documented history of discriminatory treatment — sometimes called walking while trans — the DV amendment itself does not create new arrest powers. Still, transmitting additional identity details to the Department of Homeland Security could increase the visibility of an applicant’s transgender status within government systems, and advocates emphasize that marginalized people, especially immigrants of color, already face disproportionate targeting.
Detention experiences and practical advice
Trans people detained by Immigration and Customs Enforcement or held in prison systems have reported medical neglect, abusive treatment, and harmful transfers based on assigned sex. Individual cases have highlighted these risks and the imperfect record-keeping that makes comprehensive data scarce. Legal organizations recommend concrete steps for at-risk people: keep photocopies of immigration and work documents in a safe place; limit travel with sensitive foreign IDs unless advised otherwise by counsel; and, if detained, avoid signing unknown forms and clearly state any fear of persecution during interviews. Groups such as the ACLU and the Transgender Law Center also advise connecting with legal aid groups as a priority.
The full effects of the rule change remain unsettled and will depend on how agencies implement the policy and how courts interpret related litigation. For now, transgender applicants should consider consulting an immigration attorney before filing, maintain accurate records, and prepare for possible additional documentation requests. Advocacy groups continue to monitor the situation and provide resources for people navigating the updated Diversity Immigrant Visa process.