No Visas for Foreign Transgender or Male Athletes Competing in Women’s Sports

The EO says the US government will “rescind all funds from educational programs” that allow violations of his Order. The EO focuses on all aspects of the competition, including use of the locker room, and states that the “Secretary of Education shall promptly … prioritize Title IX enforcement [sex discrimination] actions against educational institutions (including athletic associations composed of or governed by such institutions) that deny female students an equal opportunity to participate in sports and athletic events by requiring them, in the women’s category, to compete with or against or to appear unclothed before males.” The EO strives to have international reach by instructing the Secretary of State to “use all appropriate and available measures” to ensure that international sporting competitions, including the Olympics, comply with the ideology in this Order.

Regarding foreign athletes, the EO instructs the Secretary of State and the Secretary of Homeland Security to restrict “admission to the United States of males seeking to participate in women’s sports.” Accordingly, foreign athletes and petitioners seeking admission on their behalf must now demonstrate that the purpose of their trip to the United States complies with the EO and that, if they were assigned male at birth, they will not seek to participate in women’s sports. They must also show that the relevant sports organization permits participation by members of the applicant’s sex (meaning sex at birth). Where the government questions or doubts an applicant’s stated purpose of travel or intended activity, the visa and US entry will be denied. If the doubt rises to the level where the government believes that the applicant made a willful, material misrepresentation or committed fraud, there could be serious consequences to both the foreign athlete and those applying on their behalf. For example, the foreign athlete may be permanently barred from US entry or deported if already in the United States.

Please contact Berin S. Romagnolo or Nancy A. Noonan with any questions.