U.S. District Judge Julia E. Kobick expanded a preliminary injunction, which ordered the US Department of State to issue or renew passports to six transgender or nonbinary people to reflect their gender identity, to thousands of people.
Impact of the Injunction
Judge Kobick’s order expands the preliminary injunction issued in April 2025 regarding the Trump administration’s policy of requiring passports to show the sex assigned to the passport holder at birth, and the removal of the “X” marker option.
- The expanded injunction covers a subset of class members who either don’t currently have a valid passport; need to renew their passport because it expires within a year; need to make changes to their passport to have the sex designation align with their gender identity or to reflect a name change; or need to apply for another passport because theirs was lost, stolen or damaged, according to the order.
- In issuing the initial preliminary injunction, Judge Kobick did not apply the injunction to all transgender individuals and did not apply her ruling to one of the plaintiffs who currently has a passport reflecting their requested designation.
In her order Tuesday, June 17, Judge Kobick determined that the “risk of irreparable harm faced by the [preliminary injunction]-eligible plaintiffs is representative of the risk of irreparable harm faced by every member of the [preliminary injunction-eligible] class.”
Certified Classes
In the order, Judge Kobick certified two classes:
- The “M/F Designation Class” includes those “who are transgender and/or have been diagnosed with gender dysphoria, and … who have applied, or who, but for the passport policy, would apply, for a U.S. passport issued with an ‘M’ or ‘F’ sex designation that is different from the sex assigned to that individual under the passport policy.”
- The “X Designation Class” includes “all non-binary people who have applied, or who, but for the passport policy, would apply, for a U.S. passport with an ‘X’ designation.”
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.