Navigating TSA and CBP as a Transgender Immigrant

​Airports and border crossings are inherently high-stress environments—especially for immigrants navigating identity checks and legal scrutiny. For transgender individuals, the experience often involves additional hurdles related to gender presentation, documentation, and inconsistent enforcement of protective policies. While some federal reforms have aimed to improve treatment of transgender travelers, implementation varies by location and officer discretion. This article outlines key issues faced by transgender immigrants during TSA screening and CBP inspections, and offers guidance on how to prepare for safe, affirming travel experiences within a complex and often unpredictable system.

Why TSA and CBP Processes Pose Unique Risks for Transgender Immigrants

For many transgender individuals, passing through TSA and CBP checkpoints can be a source of anxiety and heightened scrutiny. Standard screening procedures often rely on binary assumptions about gender presentation and identification, which can trigger invasive searches, misgendering, or delays—particularly when an individual’s appearance does not match the gender marker on official documentation.

Travelers who are transgender may face increased questioning, inappropriate behavior, or denial of their self-identified name and pronouns. These interactions can be retraumatizing, especially for individuals who have previously experienced discrimination, state violence, or harassment during travel. Additionally, the stakes are higher for non-citizens, especially those with pending immigration claims, asylum status, or vulnerable documentation status, making respectful and lawful treatment at ports of entry all the more critical.

Even when protective policies exist on paper, inconsistent enforcement and lack of adequate staff training continue to expose transgender travelers to mistreatment. Understanding these risks helps underscore why clear guidance, legal support, and policy transparency remain essential—especially when navigating border security as part of the broader immigration experience.

TSA Policies Affecting Transgender Travelers

The Transportation Security Administration (TSA) plays a central role in the domestic air travel experience in the United States. For transgender travelers, policy changes in recent years have aimed to reduce bias, prevent harassment, and improve dignity during security screenings. However, the gap between policy and practice remains a critical concern.

Body Scanner Calibration and Gender-Neutral Screening

In 2022, the Department of Homeland Security (DHS) announced reforms to TSA procedures, including changes to the way full-body scanners are calibrated. These updates aimed to eliminate gender-based assumptions in imaging technology, reducing the likelihood of false alarms or invasive secondary screenings triggered by body characteristics that do not align with binary scanner settings.

TSA committed to replacing the binary (male/female) algorithm with a more neutral system. While the new technology rollout began in 2022, implementation has been uneven across airports, and many scanners still rely on gender selection by security personnel.

Acceptable Forms of Identification and Documentation Consistency

TSA also clarified acceptable forms of identification for security checkpoints. For domestic travel, accepted IDs include:

• U.S. state-issued driver’s licenses or photo IDs
• Foreign passports
• USCIS Employment Authorization Documents (EADs)

For international travel, requirements are more stringent, and travelers may face complications if identity documents present differing names or gender markers. Although TSA does not require gender to match travel documentation, discrepancies can trigger additional scrutiny. This makes it important for transgender travelers to review documentation requirements in advance.

ID Verification and Gender Marker Policy

A major policy change allows travelers to present a passport with an “X” gender marker, recognizing nonbinary and intersex individuals without requiring medical documentation. This update reflects DHS’s broader effort to respect self-identified gender across its agencies. Still, real-world application of these policies may vary depending on airport location, individual TSA agents, and equipment used.

Navigating CBP as a Transgender Immigrant

U.S. Customs and Border Protection (CBP) is the primary federal agency responsible for screening travelers at U.S. ports of entry, including airports, land crossings, and maritime terminals. For transgender immigrants, CBP encounters can be particularly sensitive due to heightened scrutiny, documentation inconsistencies, and the potential for discriminatory treatment.

CBP Guidance on Gender Identity and Respectful Communication

In response to advocacy from civil rights and LGBTQ+ organizations, the Department of Homeland Security updated CBP’s internal guidance to promote respectful treatment of transgender travelers. Key elements of this guidance include:

• Using an individual’s self-identified name and pronouns
• Avoiding gendered assumptions during questioning or inspection
• Applying search procedures consistent with the traveler’s gender identity or in a gender-neutral manner

While these policies mark an important step toward dignity in border enforcement, their enforcement depends heavily on officer training and discretion, which can vary widely across ports.

Travel documents and the “X” Gender Marker

As of 2022, U.S. passports can include a third gender option: “X” for unspecified or nonbinary individuals, and medical certification is no longer required to select this option. This is especially significant for transgender travelers whose legal documents may not align with the sex assigned at birth or who are in the process of updating identity documents.

CBP systems are designed to accept passports with the X marker; however, officers may still express confusion or request clarification. Mismatches between identity documents (e.g., foreign passport vs. U.S. visa or permanent resident card) may result in delays or increased questioning.

Additional Screening and Secondary Inspection Risks

Even when documentation is valid, transgender immigrants may be referred to secondary inspection, a process that includes additional questioning and possible examination of personal belongings. In some cases, this may be triggered by document mismatches, gender presentation, or country of origin. Although secondary inspection is standard for many travelers, transgender individuals often face additional emotional stress due to fears of being misgendered or misunderstood.

Legal Identification and Documentation Tips

Proper documentation is essential for transgender immigrants navigating TSA and CBP procedures. Name and gender mismatches between identity documents can trigger delays, invasive questioning, or even secondary inspection—making preparation especially important for transgender travelers.

Update Documents when Possible

Whenever feasible, transgender immigrants should aim to align their key documents with their gender identity. While not always required, this can reduce scrutiny and protect privacy:

• U.S. Passport: Since 2022, applicants may choose “M,” “F,” or “X” as the gender marker without submitting medical documentation.
• USCIS Forms: In 2023, USCIS updated its policy to allow applicants to self-identify gender, even if it differs from identity documents.
• State-Issued IDs: Rules for updating name and gender on driver’s licenses or state IDs vary by jurisdiction. Some states require a court order or physician’s letter, while others are more flexible.

Carry Supporting Documents if Needed

For travelers whose gender identity differs across documents, carrying supporting evidence or a legal name change order may be helpful—especially during CBP screening. While not always necessary, these materials can provide clarity if identity questions arise.

Important: Travelers should not be required to disclose private medical information to justify their gender identity or appearance. However, having documentation available may ease stress in cases where inconsistencies prompt further questions.

Know What IDs are Accepted

For domestic flights, TSA accepts a range of identity documents, including:

• State-issued driver’s license or ID card
• Employment authorization card (EAD)
• Permanent resident card (green card)
• Foreign passport

For international travel, a valid passport from the traveler’s country of citizenship is required. Those with pending immigration cases should consult legal counsel about whether departure from the U.S. could jeopardize their status.

Plan Ahead

It’s advisable for transgender immigrants to consult with an immigration attorney before traveling—especially if navigating complex situations such as:

• Inconsistent documents
• Pending asylum or removal proceedings
• Undocumented status
• Gender marker updates in progress

Proactive legal planning can help prevent unnecessary delays or exposure to risk at the border.

What to do if Discrimination or Mistreatment Occurs

Despite updated federal policies and training efforts, transgender travelers may still experience disrespect, discrimination, or improper treatment at the hands of TSA or CBP officers. Knowing how to respond and where to report issues is critical for protecting rights and ensuring accountability.

Remain Calm and Document the Incident

If a transgender traveler is mistreated—such as being misgendered, asked invasive questions, subjected to unnecessary searches, or denied appropriate accommodations—it is important to:

• Remain composed and avoid confrontation, as escalation can complicate travel or immigration status.
• Take mental notes or write down the time, location, and names or badge numbers of involved officers, if available.
• Request a supervisor if interactions are disrespectful or discriminatory. Travelers have the right to ask for higher-level review.

File a Complaint after the Incident

Travelers who experience inappropriate treatment can file official complaints through the following agencies:

• TSA: Submit complaints through the TSA Contact Center
  or request support from the TSA Cares helpline prior to travel.
• CBP: Report misconduct via the CBP Information Center
  or by contacting the DHS Office for Civil Rights and Civil Liberties.

These reports help monitor compliance with policies that require respectful treatment of transgender individuals. Complaints can also strengthen legal claims if further action is needed.

Seek Legal Assistance if Needed

In more serious cases—such as unlawful detainment, physical mistreatment, or repeated discrimination—transgender travelers should consult with an immigration or civil rights attorney. Legal support may be critical if the incident affects immigration status or causes harm that requires redress.

Benach Pitney Reilly Immigration can assist transgender immigrants in documenting complaints, protecting their legal rights, and advocating for justice in cases of border-related discrimination.

How Benach Pitney Reilly Immigration Supports Transgender Immigrants

Navigating TSA and CBP procedures can be especially daunting for transgender immigrants. Benach Pitney Reilly Immigration provides tailored legal support to ensure transgender travelers are protected before, during, and after travel—whether at the border, in detention, or through administrative processes.

Assistance with Gender Marker Updates and Travel Documentation

Accurate identification is essential when passing through security checkpoints. The BPR team helps transgender immigrants:

• Update gender markers on U.S. and foreign passports, green cards, and other immigration documents
• Prepare travel documentation aligned with self-identified gender and name
• Understand agency-specific policies on gender identity (e.g., TSA, CBP, USCIS, State Department)

By addressing these issues proactively, the firm minimizes the likelihood of travel disruptions or invasive questioning.

Advocacy in Cases of Discrimination or Delays

When issues do arise—such as misgendering, wrongful detention, or unnecessary secondary inspection—Benach Pitney Reilly Immigration offers:

• Strategic legal response to address the mistreatment or delays
• Support in filing complaints with DHS, TSA, or CBP oversight agencies
• Protection of clients’ legal rights in immigration, civil rights, and due process contexts

The firm’s litigation and appellate experience provides an added layer of defense in more complex or contested cases.

Culturally Competent and Identity-Affirming Representation

With a longstanding commitment to LGBTQ+ advocacy, Benach Pitney Reilly Immigration approaches every case with sensitivity, respect, and cultural competence. The firm’s team includes attorneys and staff who are themselves members of the LGBTQ+ community—ensuring that transgender immigrants receive not just representation, but understanding.

From airport anxiety to long-term immigration goals, the team is committed to defending the dignity, safety, and legal rights of transgender travelers and immigrants at every stage.

Protecting Travel Rights and Transgender Safety

For transgender immigrants, travel is more than just transit—it’s often a test of dignity, documentation, and legal resilience. Whether facing heightened scrutiny at TSA checkpoints or navigating inconsistent treatment at CBP ports of entry, the stakes are high and the experience can be deeply personal.

Knowing your rights, preparing documentation in advance, and having affirming legal support can make all the difference. Recent policy reforms have expanded protections, but their application remains uneven. Proactive legal planning can help ensure safe, respectful travel—whether for work, family reunification, asylum hearings, or returning from abroad.

Benach Pitney Reilly Immigration offers personalized guidance for transgender individuals preparing to travel or facing immigration-related challenges. From helping with gender marker corrections to intervening in cases of mistreatment, the firm is committed to protecting both legal status and personal identity.

If travel or border concerns are part of your immigration journey, now is the time to act. Schedule a consultation  or call 202-644-8600 speak with our team to explore the best path forward—rooted in safety, dignity, and experienced advocacy.