New recommendations for travelers regarding the policies of the US Government
Spain has decided to update its official recommendations for those planning to visit the United States. The reason: the measures adopted in recent months by Donald Trump’s government, which directly affect trans people and those who may be accused of violating immigration regulations.
The Ministry of Foreign Affairs, led by José Manuel Albares, has included on its website a specific warning for trans people, as well as an alert about detention centers managed by ICE (Immigration and Customs Enforcement Service).
Gender identity under scrutiny in immigration procedures
One of the most delicate points has to do with the forms required to enter the United States, either through the visa waiver program (ESTA) or through a traditional visa. According to the official notice, it is now required to declare the sex assigned at birth, not the traveler’s current gender identity.
This means that if a trans person has transitioned and has documents that reflect their gender identity, they may encounter complications when applying. From Foreign Affairs it is suggested consult directly with the US Embassy or Consulate before starting the process, especially in cases in which the documentation may generate doubts or conflicts.
Detention centers and legal risks
The statement also places emphasis on immigration violations that could lead to detention in an ICE center. Among them are:
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Staying more than 90 days in the country with a tourist visa.
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Attempting to enter to work without authorization.
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Generate suspicions of intention to reside or not allow economic activity.
These situations, although common, should not be taken lightly: the immigration control system in the US can act harshly, and in some cases inhumane treatment in detention centers has been reported.
More security or more discrimination?
It is true that each country has the right to establish its border policies. But it is also legitimate to question whether measures like these, especially those that directly impact the trans population, respond to a real need or a political agenda that promotes exclusion and selective surveillance.
Are we talking about national security or a setback in human rights? What about people who live their identity with dignity, but now face bureaucratic obstacles and fear when traveling?
These questions remain unanswered, but they cannot be ignored.
Recommendations if you are going to travel to the USA
If you are part of the LGTBIQ+ group or simply want to avoid problems on your trip, keep the following in mind:
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Check official sources: Rules change frequently. Before any trip, visit the pages of the US embassy and the Spanish Ministry of Foreign Affairs.
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Prepare your documentation in advance: If you are a trans person, make sure you have all the documents in order and that they reflect your identity coherently.
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Avoid immigration risks: Do not stay longer than allowed or carry out work activities without authorization. Although they may seem like minor details, they can have serious consequences.
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Have a legal contact at hand: In case of detention, it is crucial to have legal assistance specialized in immigration and LGTBIQ+ rights.
