1. United States
2. N.Y.
3. Letter

Stop the State Department’s unlawful, discriminatory actions preventing transgender individuals from obtaining necessary and lifesaving travel documents! A newly issued memo from Marco Rubio, effective immediately across all diplomatic and consular posts, mandates that “all visas must reflect an applicant’s sex at birth” and grants officials the authority to deny visas based on “reasonable suspicion” of a person’s transgender identity. When verifying an applicant’s sex assigned at birth, it states that the adjudicator can “rely on documents provided by the applicant,” but that “if other evidence casts reasonable doubt on the applicant’s sex, you should refuse the case under 221(g) and request additional evidence to demonstrate sex at birth.” The memo goes on to state that applicants “misrepresenting their purpose of travel or sex” could be targeted for permanent ineligibility. This action violates United States laws that prohibit discrimination on the basis of sex, and may violate the Geneva Convention and the Convention Against Torture by effectively prohibiting the United States from granting asylum or refuge to individuals who have been persecuted or tortured based on their gender identity. This action also violates personal privacy laws and may require individuals to endure embarrassing and invasive investigations related to their sex assigned at birth. Travel restrictions represent one of the most alarming escalations in the ongoing assault on transgender rights. These efforts to strip our citizens and others of fundamental human rights should not be tolerated and must be stopped. Moreover, stripping rights from demographic minorities is often a harbinger of broader and more terrifying human rights violations to come. Congress must take a strong stand now, or it will surely regret not having stopped this dangerous trend earlier.