Court denies preliminary injunction for intersex plaintiff's Global Entry card gender marker

Judge Loren AliKhan ruled against Ms. Jansen's request for a preliminary injunction that would prevent the State Department and Customs and Border Protection from applying a male sex designation to her Global Entry card, as required by a recent executive order. Ms. Jansen, who was assigned male at birth but has lived as a woman for over thirty years and holds a passport with a female marker valid through 2032, argued that renewing her Global Entry card would force her to be labeled incorrectly.

The court concluded she failed to show the kind of immediate, irreparable injury needed for such relief, emphasizing that the card is optional for U.S. entry and that she has not indicated any plans for international travel. The decision also sidestepped a deeper analysis of the Supreme Court’s earlier ruling in Trump v. Orr, which addressed similar passport-sex-marker issues. As a result, the government’s policy remains in effect for Ms. Jansen’s pending Global Entry renewal.