The United States State Department has issued a directive instructing officials worldwide to deny visas to transgender athletes seeking to enter the country for sports competitions. Released on February 24, 2023, and obtained by The Guardian, this directive mandates visa officers to apply section 212(a)(C)(i) of the Immigration and Nationality Act, commonly referred to as the "permanent fraud bar," specifically against transgender applicants. This measure would result in a lifetime exclusion from the United States with only limited opportunities for waivers.
This directive extends its reach to women's sports leagues, including the National Women's Soccer League (NWSL) and the Women's National Basketball Association (WNBA). The issuance follows an executive order by Donald Trump on February 5, which prohibits transgender athletes from participating in women's sports. Despite requests for comment, the state department has remained silent on the matter.
Sarah Mehta, senior policy counsel at the American Civil Liberties Union (ACLU), expressed concerns regarding the unprecedented nature of this directive. She noted that the directive represents an expansion of immigration law targeting a specific identity group.
“It’s normal to say that people accused of fraud or misrepresentation are often considered to be ineligible. It’s usually a case-by-case determination,” – Mehta
“But it is quite bizarre and novel in a terrible way to be saying it’s based on their misrepresenting their sex or gender in order to come and participate in an event in the United States.” – Mehta
“but to single out and label transgender individuals this way as a disfavored group is really alarming” – Mehta
The directive is rooted in the belief that transgender athletes are misrepresenting their birth sex on visa applications. However, it remains uncertain how many international transgender athletes plan to compete in future sporting events, such as the 2028 Olympics. Notably, New Zealand weightlifter Laurel Hubbard made history as the first transgender athlete to compete in the Olympics in 2020, while American runner Nikki Hiltz participated in the Paris Olympics in 2024.
Additionally, this directive could impact future women's World Cup events hosted in the US. Secretary of State Marco Rubio was tasked by the President to communicate America's stance to the International Olympic Committee.
“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,” – Marco Rubio
The NCAA has also announced its decision to restrict women's sports participation to individuals assigned female at birth, further emphasizing the perceived implications of this directive on women's sports.