What to do if you (and your gender) come under scrutiny at a border

Whether it’s by land, sea or at an airport, crossing an international border can be a nerve-racking experience. There are all the usual logistical hassles of travel—and then someone asking potentially personal questions, the answers to which may prevent you from continuing your journey. Or even result in detention and arrest.

And some of those questions may be about, or be triggered by, your sexual orientation, gender identity or gender expression.

Immigration policies vary greatly from country to country. And the training, scope of power and attitudes of individual immigration officers and other border-protection agents can vary even within a country. In fact, even at a single border entry point, there may be agents who are queer themselves along with officers who see queerness, however they define it, as a trigger for suspicion.

There is no perfect script for dealing with border-protection agents other than to stay calm, be respectful and know your rights. Rights, of course, vary from country to country—we can’t cover them all here. But here is some advice for leisure or business travellers, as well as some resources, for when your interaction with a border-protection agent escalates beyond “Where are you coming from, how long are you here, anything to declare?” type questions.

Remember that things change

Countries may have one policy one day and a different one the next. For example, the TSA (Transportation Security Administration) in the United States used to have a webpage on gender diversity policies in the TSA Cares section of its website; the page and TSA Cares section no longer exist. Guidance that used to be on the DHS (Department of Homeland Security) website was removed in early 2025. That makes the actual policies harder to determine and more likely to be implemented inconsistently. 

Border-protection agents often have discretionary powers; it is possible that their decisions violate rules and laws, as well as your rights. In some cases, you may be able to appeal or complain about unfair decisions at the border, but you still may not be able to complete your journey. Though being sent to secondary inspection can be intimidating—and take up valuable time that may cause you to miss your flight—the inspecting agents can sometimes dismiss the concerns of the front-line agent and get you back on track.

Keep your head

Being calm, clear and focused about the information you provide will help prevent delays. If you’ve decided to take the risk of travelling to one of the 64 countries that criminalize consensual same-sex activity, or one of the nine countries that have laws targeting trans people, being open and honest about your sexual orientation or gender identity may result in you being turned back by border-control agents. Meanwhile, misleading border-protection agents can have serious consequences and, by itself, can result in delays, denial of entry and, in extreme cases, detention. It’s a fine balance.

Home country travel advisories

Before travelling, check the travel-information website of your home country or a country whose information you trust. Many contain practical travel advice and up-to-date advisories on the safety of destination countries. The amount of detail provided varies greatly from country to country. Some countries address LGBTQ2S+ travellers specifically, while others don’t.

The government of Canada, for example, has safety advice for LGBTQ2S+ travellers and a searchable list of travel advice and advisories by destination, including issues around laws and cultures that might affect LGBTQ2S+ people. Some of their advice includes:

• Watch for laws that criminalize same-sex activities and relationships, people based on their sexual orientation, gender identity, gender expression and sex characteristics. Some countries may use laws related to “vagrancy,” “public nuisance” or “public morals” to criminalize LGBTQ2S+ people.
• If your passport indicates X as a gender marker, you may face entry restrictions when trying to enter countries that do not recognize your gender. In some cases, even if your Canadian passport indicates an X gender marker, you may still be asked to provide binary sex information (either Male or Female) when travelling. While the Government of Canada recognizes the X gender identifier, it cannot guarantee your entry or transit through other countries.
• Canada recommends checking your destination country’s website to see if they explicitly accept or don’t accept X passports.

The UK government also provides resources for LGBTQ+ travellers, and a searchable list of travel advisories by destination. One piece of advice for border-crossing situations includes:

• Transgender and gender diverse travellers sometimes face difficulties or delays at border controls abroad if their gender or gender expression is a different gender to the sex stated in their passport. If you are having facial surgery, get a letter from your medical team whilst abroad explaining the reason for any changes in appearance.

The Australian government provides advice for LGBTQ+ travellers and a searchable list of travel advisories by destination, including issues that pertain to LGBTQ+ travellers. Their advice includes:

• Consider your cyber security before leaving Australia, including your social media content. Be mindful of any public-facing online content that could disclose your sexuality or gender identity. This content may affect your safety or have legal implications in your destination.

The U.S. government provides a searchable list of general travel advisories by destination. In 2025, it removed its travel advice for trans travellers, and the “T” from LGBT. It does provide this statement:

• Many countries only recognize the male and female sex markers in passports and do not have IT systems at ports of entry that can accept other sex markers. About 70 countries still consider consensual same-sex relations a crime. In some of these countries, individuals who engage in same-sex sexual relations may face severe punishment.

Tips from advocacy groups

The American Civil Liberties Union has published a web page about travellers’ rights when arriving in the United States. Some of the insights that specifically apply to LGBTQ2S+ people include: 

• If you are a citizen or lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder or visitor, you may be denied entry into the United States if you refuse to answer officers’ questions.
• Officers may not select you for a personal search or secondary inspection based on your religion, race, national origin, gender, ethnicity or political beliefs.
• Questioning individuals about their religious and political beliefs, associations and practices can infringe upon rights guaranteed by the Constitution and federal law— these rights are not surrendered at the border.
• A strip search at the border is not a routine search. It must be supported by “reasonable suspicion” and must be done in a private area.

The U.S.-based organization Advocates for Trans Equality have published a list of rights and policies affecting trans people at the U.S. border. Some of their insights include:

• To avoid hassles, the name and date of birth included in your reservation should match the government-issued photo ID you will provide at the airport…. At the airport, TSA Travel Document Checkers will check as you enter security to ensure that the name on your ID matches your boarding pass. It does not matter whether your current gender presentation matches the gender marker on your ID or your presentation in your ID photo, and TSA officers should not comment on this.
• If a pat-down is required, the pat-down must be performed by an officer of the same gender as the traveller. This is based on your gender presentation. If TSA officers are unsure who should pat you down, they should ask you discreetly and respectfully. If you encounter any problem, ask to speak to a supervisor and clearly and calmly state how you should be treated. Travellers may ask for a private screening at any time. You may take a witness of your choosing with you when you are being privately screened.
• If you are required to undergo additional screening, or think you might be, one option for discreetly communicating with TSA personnel is to use a preprinted “Notification Card” to disclose a particular personal item, medical condition or other information.
• You have the right to file a complaint. Both the TSA and the Department of Homeland Security (DHS) have separate civil rights offices that accept complaints of discriminatory treatment by TSA. You may file a complaint with either office or with both.

The International Gay and Lesbian Travel Association also provides tips for getting through airport security.

• If you are transgender, there are several issues you may want to consider during the immigration and security process. For example, having an accurate gender marker on your ID will help alleviate some potential issues. If it is not possible to travel with an up-to-date ID, make sure you have a signed doctor’s note with you while traveling.
• In many countries, if you are selected for a screening, you are entitled to a private screening. Always bring a travel companion into the room with you when you are being screened. You may always ask to speak with a supervisor at any time in the screening process.
• Be mindful of the perceptions of LGBTQ+ people when you’re considering what you are packing in your carry-on luggage. Keep in mind that any bag you have on your person can be searched at any time in an airport. Also, be mindful of the laws and cultural acceptance of travelling with sex toys and forms of contraceptives.

When things go sideways

If you are detained or arrested in a foreign country, you should contact the local embassy or consulate of your home country. If you are able to make other calls, contact a lawyer or a close contact who can contact a lawyer on your behalf. Carry these contact details with you on paper in case your phone and computer can’t be accessed.

If you are refused boarding or entry, avoid arguing. If possible, ask for a supervisor and explain your situation. Ask for the reason for denial. According to international immigration attorneys NNU Immigration, there is no formal appeals process for being denied entry to the U.S. at the port of entry. “However, you can reapply for a visa or entry at a later date. It is advisable to address the reasons for the denial and seek advice from an immigration attorney to improve your chances of being allowed entry in the future,” states their website.

Document everything that has happened, including times and badge numbers of officers, if possible, and reason given for denial in case you want to file a formal complaint with the agency or the airline, if they were part of the problem.

Depending on the situation, national lobby groups, like Advocates for Trans Equality in the U.S. and Egale Canada in Canada, may be interested in your problem and the larger issues around it, but they are not equipped to provide travellers with rapid assistance in the moment.