US Officials Ordered to Permanently Ban Trans Athletes from Entering the U.S.
State Department Memo Instructs Visa Officers to Bar Applicants Based on Birth Sex
The U.S. State Department has issued new guidance instructing consular officials worldwide to deny visas to transgender athletes seeking entry into the country for sports competitions. The directive also mandates permanent visa bans for individuals deemed to have misrepresented their birth sex on visa applications.
According to a State Department cable dated February 24 and obtained by The Guardian, visa officers have been ordered to enforce Section 212(a)(6)(C)(i) of the Immigration and Nationality Act—commonly referred to as the “permanent fraud bar.” This provision imposes a lifetime exclusion from the U.S. with only limited opportunities for waivers.
“In cases where applicants are suspected of misrepresenting their purpose of travel or sex, you should consider whether this misrepresentation is material such that it supports an ineligibility finding,” reads the directive from Secretary of State Marco Rubio.
The order follows an executive action signed by President Donald Trump on February 5, which bans transgender athletes from competing in women’s sports. During the signing, Trump directed Homeland Security Secretary Kristi Noem to deny visas to what he described as “men attempting to fraudulently enter the United States while identifying themselves as women athletes” in the lead-up to the 2028 Olympics in Los Angeles.
Trump also instructed Rubio to communicate to the International Olympic Committee that the U.S. “will not stand by and watch men beat and batter female athletes.”
Sarah Mehta, senior policy counsel at the American Civil Liberties Union (ACLU), described the directive as an unprecedented expansion of immigration law targeting a specific group.
“It’s common for individuals accused of fraud or misrepresentation to face visa ineligibility, and these cases are typically assessed individually,” Mehta said. “But it is extremely unusual and deeply troubling to see this principle applied broadly to transgender individuals based on their gender identity and participation in sports.”
Mehta added that while inadmissibility provisions have historically been used to exclude individuals such as criminals, this move marks a concerning shift in targeting transgender individuals as a disfavored group.
While the number of transgender athletes seeking to compete in the 2028 Olympics remains unclear, New Zealand weightlifter Laurel Hubbard made history at the Tokyo Games in 2020 as the first openly transgender Olympian. More recently, American runner Nikki Hiltz competed in the 2024 Paris Olympics.
The new visa restrictions will also affect other women’s sports leagues, including the National Women’s Soccer League (NWSL) and the Women’s National Basketball Association (WNBA), both of which allow transgender athletes to compete. Additionally, future international women’s sports events hosted in the U.S., such as the Women’s World Cup, could be impacted by these rules.
State Department guidance instructs consular officers to verify applicants’ birth certificates when documentation discrepancies arise. Cases flagged under this policy will be marked with “SWS25” to ensure enforcement across global consular posts. A separate directive from the Bureau of Educational and Cultural Affairs is expected to provide further details on restricting transgender athletes from participating in U.S.-based women’s sports competitions and exchanges.
The policy announcement follows the National Collegiate Athletic Association (NCAA) decision to restrict participation in women’s sports to individuals assigned female at birth.
The State Department has not yet responded to requests for comment on the directive.
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