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Travel tips for LGBTQ+ people: Staying informed under new federal policies
Clear answers are hard to come by for LGBTQ+ travelers fearful about going through airports under the second Trump administration. There have been reports of trans peoples passports being changed and federal agents disqualifying people from entry to the United States due to anti-Trump memes. Perhaps the biggest threat facing trans and nonbinary people is passports. One of President Donald Trumps first executive orders in January dealt with there being only two genders, male and female. The order states that passports have to have the persons sex at conception. Lawsuits against the administration followed.Due to a preliminary injunction issued in one of the lawsuits, Orr v. Trump, people who attest to being transgender, gender-nonconforming, or nonbinary can have passports reflect their gender identity if they are obtaining a new one, changing their sex designation or their names, replacing lost, stolen or damaged passports, or renewing their passports within one year of expiration.Liam Lowery, a trans attorney with Legal Services NYC, told the Bay Area Reporter that earlier this year, after Trumps executive order on gender identity, his gender marker was changed against his wishes.I applied for my passport to be renewed in January, thinking the executive order was not signed, let me submit as soon as possible, Lowery said. I got my passport back and it has my gender marker assigned at birth, which was not what was on the supporting materials.Judge Julia E. Kobick of the United States District Court for the District of Massachusetts ruled that as a lawsuit challenging the new policy proceeds, anyone who attests to being a member of the protected classes affected can, after signing a separate document, change their passport in accordance with their gender identity.Photo: Kelly Sikkema/UnsplashThis decision acknowledges the immediate and profound negative impact that the Trump administrations passport policy has on the ability of people across the country to travel for work, school, and family, stated Jessie Rossman, the legal director at the American Civil Liberties Union of Massachusetts, in a news release. The Trump administrations passport policy attacks the foundations of the right to privacy and the freedom for all people to live their lives safely and with dignity. We will continue to fight to stop this unlawful policy once and for all.But Lowery wants to make sure people know to get this done as soon as possible, as the length of time this window will remain open is uncertain.If you are trans and want to update the gender marker on your passport, now is the time, Lowery said. We dont know how long its going to be [allowed] may be a few weeks and once its shut, its going to be shut for a very long time.Lowery said anyone whose passport doesnt match their appearance is more likely to face harassment when traveling.Alexis Levy, a San Francisco attorney who is queer and nonbinary, helps people with their gender-related documents, including passports, through an identity affirmation workshop. They said that its hard to say if passports of trans people were being confiscated at security checkpoints.Most of the information is not verified, or verifiable. A lot is just social media posts and hearsay, Levy said of alleged incidents that have been posted online.The other thing about travel documents is theres a lot of things that can go wrong, for a lot of reasons other than gender-related stuff, Levy said. Obviously, there was the Real ID change that had nothing to do with any of this. In San Francisco, I havent heard of any real issues.Real ID, which at long last went into effect May 7 after years of delays, requires that people present drivers licenses or other forms of identification for domestic flights that are compliant with the Real ID Act of 2005, a post-9/11 law. That law requires states to issue IDs with stricter security measures, which California began doing in 2018. Phone searchesAfter a Norwegian man reported he was denied entry to the U.S. for having a meme in his phone that made fun of Vice President JD Vance, internet commenters raised concerns about federal agents searching phones. U.S. Customs and Border Protection has the authority to search phones.According to the ACLU, Barring extenuating circumstances, [federal officials] claim the authority to hold onto your device for five days though extenuating circumstances is an undefined term in this context, and this period can be extended by seven-day increments. Weve received reports of phones being held for weeks or even months.Further, ones legal status in the U.S. may inform what one should do when it comes to unlocking their phone for federal officials.If youre a citizen, you cant be denied entry into the country if you refuse to comply with a request to unlock your device or to provide a password, the ACLU states. But you might be detained for longer or have your device seized and not returned to you for weeks or months.The same should be true for those who have previously been admitted to the United States as lawful permanent residents and have maintained their status their green cards cant be revoked without a hearing before an immigration judge, the ACLU continued. If you are not a citizen and are concerned about having your devices searched, you should consult with an immigration lawyer about your particular circumstances before traveling.The situation may be different for those with visas.Visa holders and tourists from visa waiver countries, however, run the risk of being denied entry if they refuse to provide a password, and they should consider that risk before deciding how to proceed, the ACLU continued.The ACLU concluded that, In any case, we always recommend that you enter the password yourself rather than divulging it to a CBP agent.Travel professionals speak outKirk Dalrymple, a gay man whos a travel agent with Yankee Clipper Travel in San Franciscos LGBTQ+ Castro neighborhood, told the B.A.R. that hes had no problems sending U.S. citizens in and out of the country but green card holders hes booking for domestic travel only, out of an abundance of caution.Most of the things that are happening are happening to green card holders, Dalrymple said. I only send them to Hawaii, where they can have a good time without any of that. Ive sent lots of people, Americans, with a passport, and theyve never had a problem. When someone says they are a green card holder, I say, lets send you to Hawaii, [Las] Vegas, or somewhere youll feel more safe.Dalrymple said that hes heard of no threats to LGBTQ travelers safety in any domestic vacations hes booked in recent years, though clients may not have necessarily told him. He does advise LGBTQ clients going to some foreign destinations, like Egypt, exhibit discretion by booking rooms with two beds.Then the maid cant go to her pastor and say, I witnessed sin, he said.Dalrymple also advised against using hook-up or dating apps in some countries. As the B.A.R. reported last month, the U.S. State Department is warning people who visit Puerto Vallarta and Nuevo Nayarit, both in Mexico, in particular to avoid being kidnapped for ransom via dating apps.Asked about the apps, Dalrymple said, My recommendation to my clients is, dont do it.Theres a big, wonderful bathhouse in Vallarta, he added.AirportsLevy told the B.A.R. that there is a theory that they dont put stock in that airports in San Francisco or New York City, two blue cities in deep blue states, are better for LGBTQ travelers.Its mostly supposition, Levy said. The likelihood of any given individual working in the airport being prejudiced against LGBTQ people is higher in Florida or Texas than in California or New York, but policywise, there shouldnt be a difference because everything is at the federal level and it really does mostly come down to fear or supposition more than facts or policies.Harvey Milk Terminal at San Francisco International Airport has a lounge where people can stop and view a history of the late gay San Francisco supervisor. Photo: Rick GerharterThere are two out members of the San Francisco Airport Commission, responsible for policy and guidance at San Francisco International Airport. Jane Natoli, a trans woman who is vice president of the panel, stated July 16 the requests for comment were being discussed internally.Susan Leal, a lesbian and former city supervisor, told the B.A.R. after her appointment last year that the commission does not run day-to-day operations at SFO. That is handled by the airport director.But even the director is limited. Security screening at SFO, like all airports, is under the jurisdiction of the federal Transportation Security Administration, which is overseen by the Department of Homeland Security.Dalrymple, the travel agent, said that people should remember that, If you go to Houston or Dallas [Texas], those are blue, they are just in the middle of a red state.But, The tiny airports? he asked. I wouldnt test the system.Lowery, the attorney, held a contrary view. Asked the same question, he answered, Well, yes and no, which is an annoying answer. Even more annoying: it depends.The federal law is going to be the floor, but not the ceiling, generally speaking, for your protections, Lowery said. Thats why there are attacks on these specific states, people want to tear down those protections. Anyone landing at LaGuardia or JFK, its something similar in all 50 states, youre protected by the laws of the place you are. So yes, if you land in a city that has protections for LGBTQ individuals for things like discrimination and harassment, those are going to extend to you unless theres a specific example or reason why. As a trans person doing this work, Im grateful to be a New Yorker.The post Travel tips for LGBTQ+ people: Staying informed under new federal policies appeared first on News Is Out.
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