The Next Cliff for Trans People

It's May 7th

A protestor outside of Lurie Children’s Hospital in Chicago - Photo from February 15, 2025

In December, I was pleading with trans people to update their passport and Social Security information right away because the Trump administration could stop gender self-declaration (the process where you do not need to present any document to change gender, just state what your gender is) on these documents as early as day one. We know what happened. The President issued an Executive Order on day one declaring that there are only two genders and that they are assigned at birth. The Senate confirmed Secretary of State Marco Rubio in a 99-0 vote (the missing vote was that of Rubio himself - so this was a unanimous approval) which allowed him on day four to issue updated policy that no passports will be issued (new or renewal) with an X gender marker and no passport renewals will be allowed with a change of gender via self-declaration. If you are trans and in need of updated documentation, I'd advise to weigh the benefits and risks and proceed accordingly. Do research before acting. It's difficult to build a clear playbook when the rules aren't clear and every person's individual circumstances are different.

So, what's next? Is there another cliff? I think there is a cliff. On May 7th the Real ID act goes into place. You will need a Real ID in order to fly. This is the ID that the Federal government is required by law to accept from a state. Each person's ability to get a Real ID in their name and gender will depend on where you are in the name and gender process and the laws of your state. Because of this, it will be challenging to give one size fits all guidance in an article like this. With that said, the most common type of Real ID is a driver's license. Every trans or nonbinary person should think about getting an updated Real ID if you haven't done so yet.

I like to think in terms of risk mitigation, so let me take you through what I've done, how I thought this through, what I'll do next, and chillingly where this could end up in a worst case scenario. I updated my name and gender marker on my Illinois Driver's license last year. That license is a Real ID. So, at first pass, I'm good here, right? Yes, but it expires on my birthday in 2027. In Illinois, you can only renew your license one year or less from when it expires. So while I updated everything last year, it updated for the current term and that term ends before the next presidential election. That's certainly not ideal.

I have a passport in my name and the sex is female. I just got this last year, so it doesn't expire until 2035. With a driver's license with Real ID and a passport through 2035, I should have a bulletproof ID that lasts years. Right? Well, I would like to think this and it certainly should be much more likely than not. However, I don't want to bet my life on it. My current driver's license expires before 2029 and there really isn't any guarantee that my passport will be accepted by the Federal Government for the length of the passport term.

So, where does that leave me? I have an appointment later this month to get a state ID card. To most people, this would likely seem really redundant to my existing driver’s license, and there is validity to this argument. But, what's the downside to getting a state ID card? Just the time it takes me (not much) and the cost (for me, again, not much). An Illinois state ID is good for five years. So, a new ID gets me to 2029, two years longer than my current driver's license. This matters because I do not want to present my passport to TSA if I can help it. The Federal government has no authority over my State of Illinois ID, with the Real ID seal, so I’d much rather present a state ID to them whenever possible.

To be blunt, I'm terrified that trans people will be persecuted under this administration. Not just discriminated against, actual persecution. I've done so much to update so many documents so that everything is in the name of Veronica. At least part of this thought process last year was that updating everything would help protect me if the worst happens. I was then thinking in a worst case scenario I’d go stealth (not be visibly trans and be seen as any other woman). But would these document changes really protect me? I really don't know. I spent the last year and a half preparing for the possibility of a 2.0 version of the Trump administration. But preparing for the possibility and actually living through that emotional weight are two very different things. There's really no preparing for the weight, no matter how much work you've done. Post inauguration, I spent hours going back and forth about if I actually hurt my ability to exist in the future by updating all of my documents. It's completely counterintuitive, and yet part of me was telling me that I should seriously think about amending my birth certificate back to the sex listing that I had most of my life. That's not because I'm suddenly not a woman, but rather because I'm scared shitless about what could be coming. It a safety risk to leave key documents in your deadname and it’s also a safety risk to update everything to your new name.

Trans people are being erased. The government is purging trans people from the CDC. We've been purged from Stonewall. They're trying to shut down gender affirming care and they are attempting this even for eighteen year olds who are legal adults. They are trying to bully teachers into not honoring trans kids' name and pronouns. I honestly don't know the depth that this will go to if we don't change course but I fear we're not near the bottom yet. I, like so many trans people, have been stockpiling my medications fearing that they might become illegal. I have emergency plans and double emergency plans. What will I do if I have to leave the country at a moment’s notice? What will I do if I have to go off the grid and hole up? Because the best time to plan for an emergency is before there is an emergency, I need to have plans in place. I have no idea if my plans are any good, but just the act of having them allows me to be stronger on a day to day basis.

What am I most scared of? It might have sounded ridiculous even six months ago. There is part of me that is legitimately afraid in this potential future dystopia of being rounded up and put into a camp. If you're reading this and aren't trans, there's a good chance you think this is far-fetched. Except the government is already rounding up migrants and refugees and putting them in camps like Guantanamo Bay without due process. Sorry - the government is rounding up suspected migrants and refugees, with many US citizens being taken into custody for the crime of looking like a migrant. Additionally, the US Government is negotiating with El Salvador to send prisoners there in deplorable conditions. Why is part of me petrified of this? If all of my IDs are in the name Veronica and show that I'm female, will the Federal Government honor any of my IDs? The Federal government is refusing to acknowledge that trans people exist, so if I present a Federal ID like a passport, with they even accept that form of identification? If I don't have an ID that the Government recognizes me as a citizen, at some point in the not too distant future, will I be taken into custody for not being able to prove to them that I'm American? That scenario is the stuff of my nightmares. It's like I'm Schrodinger's cat in the future, both alive and dead until we get there to reveal which way it went. Existing executive orders already promise to detransition trans women if they are taken into Federal custody. Under no circumstances can I allow that to happen. Any and all other options are preferable to the hell on earth of being in Federal custody, being a trans woman held at a men's facility with the unique horrors of that situation, and without access to life saving HRT.

There's no good way to sum this article up, other than to say I think a Real ID issued by the State gives me my best chance of extending my timeline should the worst happen. By law, that ID would need to be accepted by the Federal Government through 2029. I fully expect the Federal Government to force states to cut off gender self-declaration on state IDs once the Real ID enforcement period begins. So if you have the ability to get a Real ID in your name and gender marker, do it quickly. A LOT of people are going to realize they need a Real ID in the next couple of months, and it's extra critical for trans folks not to get locked out of this process if their state allows it.

I'll leave you with this final comment, from a well-connected friend in Illinois, who sent me this note earlier this month. "Hey Veronica - Do you have a Real ID yet? I spoke with a friend at the ACLU and they're advising that trans folks get a Real ID in blue states before May."

If you are trans and have the ability to do so, get a Real ID in the next two months or so.