New State Department Memo Targets Transgender Athletes’ Visa Applications

WASHINGTON, D.C. — A directive from the U.S. State Department has mandated that consular officials worldwide deny visas to transgender applicants deemed to misrepresent their birth sex on applications. The memo, dated February 24, instructs officers to use a provision that could lead to lifetime bans for trans athletes seeking to participate in sports competitions in the United States.

According to a cable obtained by The Guardian, the directive specifically references the Immigration and Nationality Act‘s section 212(a)(6)(C)(i), known as the “permanent fraud bar.” This provision allows visa denials based on perceived misrepresentation regarding the applicant’s purpose of travel or sex—in essence, targeting transgender individuals and athletes.

The memo arrives shortly after President Donald Trump signed an executive order on February 5, which restricts transgender athletes from competing in girls’ and women’s sports. The directive has significant implications as it signals a broader strategy to enforce political views against transgender individuals at all levels of government.

“In cases where applicants are suspected of misrepresenting their purpose of travel or sex, you should consider whether this misrepresentation is material,” the cable says. The State Department has not disclosed how this measure will specifically impact international trans athletes.

Sarah Mehta, senior policy counsel at the ACLU, criticized the memo for creating a harmful environment for transgender individuals trying to enter the U.S. “It’s alarming to see this administration expand immigration law to specifically target a vulnerable group,” she said. “The application of this fraud provision is unprecedented and troubling.”

Transgender attorney Alejandra Caraballo noted that the directive does not limit its application exclusively to athletes. Instead, any transgender individual seeking a visa could potentially face scrutiny. “The memo implies that a transgender person’s gender identity could be grounds for a visa denial, irrespective of their reasons for travel,” she explained.

The memo dictates that consular officers must examine birth certificates in cases of conflicting documentation. Moreover, it instructs officers to annotate cases with the code “SWS25” for tracking enforcement across consular posts. Additional guidance is anticipated from the Bureau of Educational and Cultural Affairs to further outline actions aimed at barring “biologically male athletes” from participating in women’s sports.

The National Collegiate Athletic Association (NCAA) recently announced it would limit women’s sports categories to athletes assigned female at birth, amplifying the conversation around this contentious issue. The extent to which trans athletes will contest the 2028 Olympics in Los Angeles remains to be seen; yet, the precedent set by previous Olympic competitor Laurel Hubbard raises questions about future participation.

Activists and legal experts warn that these restrictive policies signal a troubling trend for transgender rights, viewing them as a precursor to broader persecution. The implications for all transgender travelers are concerning, with speculation that the vague wording of the memo could serve as a deterrent for those planning to attend events, such as World Pride in Washington, D.C.

The State Department did not respond to requests for comment on the new directive. As advocacy groups continue to challenge these restrictions, the potential ripple effects on immigration and participation in U.S. sports are just beginning to unfold.