The US state department has instructed officials worldwide to deny visas to transgender athletes seeking to participate in sports competitions in the US. This includes issuing permanent visa bans for those suspected of misrepresenting their birth sex on visa applications. The directive, as outlined in a 24 February state department cable, instructs visa officers to apply the “permanent fraud bar” against trans applicants, making them ineligible for a US visa for life under the Immigration and Nationality Act, with very few exceptions.
According to Marco Rubio, the US secretary of state, visa officers should consider whether the misrepresentation of sex is material to support a finding of ineligibility for the visa.
The move follows an executive order by Donald Trump on the 5th of February barring trans athletes from competing in women’s sports. Trump directed the homeland security secretary to deny visas to “men attempting to fraudulently enter the United States while identifying themselves as women athletes” for the 2028 Olympics in Los Angeles.
Sarah Mehta of the ACLU condemned the directive, indicating that this is a significant and troubling extension of immigration law regarding a specific identity group. She expressed that using the provision to single out and label transgender individuals as a disfavored group is highly concerning. Historically, this provision has been used to bar criminals but Mehta’s alarm echoes the significance of its application to trans individuals.
It remains unclear how many international trans athletes will seek to compete in the 2028 Olympics. Laurel Hubbard, a weightlifter from New Zealand, made history as the first trans athlete at the Tokyo Games in 2020, and Nikki Hiltz, a runner from the United States, competed at the Olympics in Paris in 2024. The directive will also impact participation in other women’s leagues, such as the National Women’s Soccer League (NWSL), Women’s National Basketball Association (WNBA), and future women’s World Cup competitions hosted in the US.
The state department’s updated cable advises consular officers to scrutinize birth certificates when there are discrepancies in documentation and to use the code “SWS25” to track enforcement. The cable also references forthcoming guidance from the Bureau of Educational and Cultural Affairs that will provide additional actions to prevent biologically male athletes from taking part in women’s sporting events in the US. Notably, the directive is in line with recent decisions like the NCAA’s to limit women’s sports to athletes born female.
Regarding enforcement with international bodies that lack a transgender ban, the state department has stated that it will operate on a case-by-case basis, reviewed individually for eligibility according to US law.
Source: https://www.theguardian.com/us-news/2025/feb/25/visa-ban-transgender-athletes