Transgender individuals in the United States can now obtain passports with gender markers (M, F, or X) that match their identity following a June 17, 2025 federal court injunction blocking a Trump-era policy that previously restricted such updates. This ruling allows eligible applicants to submit passport applications with their self-identified gender marker, provided they meet specific criteria and include an attestation form. The process varies depending on whether applicants are first-time applicants, renewing, or correcting existing passports.

Key points to understand:

• Eligibility: Applicants must belong to the M/F Designation Class or X Designation Class as defined in Orr v. Trump ^[4]
• Required forms: DS-11 (first-time), DS-82 (renewal), or DS-64 (replacement) plus an Attestation Form ^[5]
• Current risk: The policy remains subject to legal challenges, and passports issued under this injunction could face future revocation ^[2]
• Privacy protections: Applicants' personal information is legally protected during the process ^[2]

Current Process for Transgender Passport Applications

Eligibility and Application Requirements

The June 2025 court ruling enables transgender, nonbinary, and intersex individuals to apply for passports with accurate gender markers through a structured process. Eligibility depends on class membership and passport status. The State Department has outlined specific criteria for different applicant categories:

• Class membership: Individuals qualify if they:
• Do not currently hold a valid passport ^[1]
• Need to renew an expiring passport (within one year) ^[2]
• Require a gender marker change on an existing passport ^[5]
• Are replacing a lost or damaged passport ^[5]

• Required documentation:
• Completed application form (DS-11, DS-82, or DS-64) based on applicant status ^[9]
• Attestation Form declaring the requested gender marker (M, F, or X) ^[1]
• Proof of U.S. citizenship and identity ^[9]
• Passport photo meeting State Department requirements ^[9]

• Application submission:
• First-time applicants (DS-11) must apply in person at an acceptance facility ^[7]
• Renewals (DS-82) can be mailed if the previous passport was issued over one year ago ^[9]
• Replacements for lost passports (DS-64) must be submitted in person ^[5]

The State Department emphasizes that all applications are processed under current privacy laws protecting applicants' information ^[2]. However, the agency is monitoring these applications due to the ongoing legal dispute, creating potential future risks if higher courts reverse the injunction ^[2].

Processing Timeline and Legal Considerations

The passport application process for transgender individuals follows standard State Department timelines but carries unique legal considerations due to the temporary nature of the court ruling. Processing typically takes 3-4 months for routine service, with expedited options available for additional fees ^[9].

• Current processing realities:
• Standard processing: 10-13 weeks for routine service ^[9]
• Expedited processing: 7-9 weeks with additional $60 fee ^[9]
• Urgent travel appointments available for emergencies ^[9]

• Legal status of the injunction:
• The June 17, 2025 ruling in Orr v. Trump temporarily blocks enforcement of the Trump administration's restrictive policy ^[4]
• The ACLU warns that passports issued under this injunction could be revoked if higher courts rule against it ^[2]
• The State Department has paused processing some applications while monitoring the legal situation ^[10]

• Recommendations for applicants:
• Submit applications as soon as possible while the injunction remains in effect ^[2]
• Maintain copies of all submitted documents in case of future legal challenges ^[4]
• Consider applying for both name and gender marker changes simultaneously if needed ^[7]
• Monitor updates from organizations like ACLU and GLAD for policy changes ^[5]

The legal landscape remains fluid, with the ACLU continuing to challenge the underlying policy in federal court ^[10]. Applicants should weigh the immediate need for accurate identification against the potential future risk of passport revocation ^[2]. Resources like the Transgender Law Center and Lambda Legal offer free legal consultations for individuals navigating this process ^[3].