President Joe Biden, it could be argued, has made it clear that he wants to make it as easy as possible for migrants to become US citizens. From canceling, or trying to cancel, most of former President Donald Trump’s immigration policies, to now making special concessions to transgender aliens, the commander-in-chief seems to be throwing open the gates to America, despite the border crisis.

Transgender Day of Visibility Brings New Changes

Friday, March 31, was Transgender Day of Visibility, and an opportunity for the Biden administration to bring attention to and support for those who wish to identify as the opposite to their biological sex. Effective immediately, migrants wishing to receive immigration benefits do not have to prove their self-identified gender. The US Citizenship and Immigration Services is updating its manual to clarify that:

“USCIS will accept the self-identified gender marker for individuals requesting immigration benefits. The gender marker they select does not need to match the gender marker indicated on their supporting documentation.”

Currently, only male and female options are available on the form, but DHS is adding the “X” marker for those who do not wish to specify. This means that even if a person’s birth certificate, ID, driver’s license, and passport all say the person is a male, they can still select female or “X.”

Furthermore, according to the press release, “The update also clarifies that people requesting benefits do not need to submit proof of their gender identity when submitting a request to change their gender marker,” except for those submitting Form N-65, which is an application for a replacement for naturalization or citizenship documents. Basically, if you’re a citizen and need to renew your documents, then you must show proof of your self-identifying gender, but if you’re an illegal immigrant, you do not.

Biden took the opportunity to throw barbs at MAGA supporters, saying in a statement:

“Transgender Americans deserve to be safe and supported in every community – but today, across our country, MAGA extremists are advancing hundreds of hateful and extreme state laws that target transgender kids and their families. No one should have to be brave just to be themselves.

“Let me be clear: These attacks are un-American and must end. The bullying, discrimination, and political attacks that trans kids face have exacerbated our national mental health crisis. More than half of transgender youth say they have seriously considered suicide. Loving parents are terrified for their children’s futures.”

(Photo by Katie McTiernan/Anadolu Agency via Getty Images)

In April 2021, DHS requested public input on what people thought were barriers to receiving USCIS benefits. The feedback indicated that having gender marker requirements was one of the bigger issues, “and listening sessions with stakeholders revealed how changing the policy will reduce these barriers,” according to the release.

While this will help streamline transgender immigrants into the US, opponents suggest it may affect the integrity of the citizenship application’s security requirements. Applicants, they argue, should have all legal documentation accurate at time of applying. Giving people the ability to change their gender status without proof that they do indeed self-identify as other than their birth status could result in approving citizenship for some criminals. For example, if a male is wanted for drug trafficking but at the time of becoming documented, changes his gender to female, law enforcement may not recognize the individual, especially if there is also a name change. Instead, challengers suggest the migrants wait until they have become citizens to change their gender identification.

According to the Williams Institute at the UCLA School of Law, there are about 267,000 undocumented LGBT immigrants in the US. “LGBT undocumented immigrants are more often male and are young compared to all undocumented immigrants,” and,

• 3% of all immigrants identify as LGBT
• 48% of LGBT undocumented immigrants are ages 18-29
• 22% of undocumented immigrants overall are the same age

Having an “X” identification marker on legal documents is not new. Some states have already instituted the method and the choice is now available on US passports. Proponents say doing this for transgender immigrants is the humane thing to do while also making the process easier to become a citizen. Opponents argue that safety should be the top priority and that we should never choose quicker, easier ways of getting into America over national security and the wellbeing of Americans and other legal residents.