The United States Made Me a Victim of Global Anti-trans Policies
By Erika Hilton*
I am the first Black and trans woman elected to the Brazilian Congress and one of the most influential progressive voices in Brazil, and I had my gender deliberately changed from “feminine” to “masculine” on a diplomatic visa issued by the U.S. Embassy in Brasília.
The case, which occurred on April 7, 2024, reveals the international consequences of the U.S. government’s anti-trans policies and raises urgent questions about human rights, sovereignty, and diplomacy that we need to address.
I had been invited to debate on April 12, alongside other Brazilian authorities, in an official mission approved by the Presidency of the Chamber of Deputies, the theme “Diversity and Democracy” at the Brazil Conference at Harvard & MIT – the largest conference on Brazil organized by Brazilian students, researchers, and professors abroad. However, when I applied for the visa, the US Embassy publicly denied my gender identity.
Despite all legal procedures having been followed – authorization from the President of the Chamber of Deputies for the trip to be an Official Mission and the corresponding request for a diplomatic visa (class A) intended for government authorities –, the American embassy ignored official documents that attest to my female gender, such as my birth certificate, passport and even a previous diplomatic visa issued by the United States in 2023. The “sex” field was changed to “male” without justification or consultation in a unilateral decision that I classify simply as transphobic state violence.
I received this measure, taken unilaterally, as what it is: serious transphobic violence, in addition to a strong indication that there would not be the necessary security conditions to enter the country. For this reason, I canceled my trip to the event and brought the case to the public last week.
I repeat here what I said in one of my statements about the case to the press: “This is a situation of violence, disrespect, and even abuse of power because it ignores a Brazilian document. It is a blatant, perverse, and cruel expression of state transphobia practiced by the U.S. government. When carried out in the United States, it still requires a response from the authorities and the U.S. judiciary. But when it affects another country, it also requires a diplomatic response, a response from the Ministry of Foreign Affairs.”
The case has become one of the most talked about topics in the Brazilian media and on social media, generating a broad debate about institutional transphobia and international relations.
The embassy’s justification cited Executive Order 14168, signed by Donald Trump in January 2025, which determines that the U.S. federal government only recognizes “male” and “female” based on “biological sex at birth.” The measure, which had already caused controversy by barring passports with an “X” marker and restricting the rights of trans people in the United States, reached a new level when it was applied to a foreign authority on an official mission.
For the first time, an elected member of congress had her gender identity denied on a diplomatic document, constituting direct interference by the US government in the political representation of another country. The case is even more serious because it completely disregarded Brazilian law, which has allowed the changing of name and gender on birth certificates without medical or judicial requirements since 2018.
The US policy clearly violates the rights protected by the American Convention on Human Rights, especially Articles 3 (right to recognition of legal personality), 7.1 (right to liberty), and 11.2 (right to a private life). Furthermore, it contravenes Advisory Opinion 24/17 of the Inter-American Court of Human Rights, which determines that States must guarantee the correction of documents in accordance with self-declared gender identity.
Although the United States does not accept the binding jurisdiction of the Inter-American Court of Human Rights (IACHR), it formally recognizes the jurisdiction of the Inter-American Commission on Human Rights (IACHR).
I am already gathering support to activate international protection mechanisms and seeking the support of U.S. congressional representatives and human rights organizations to increase the repercussions of the case.
This is not an isolated episode. Since 2025, reports of trans people who have had their U.S. visas or passports refused or changed have multiplied. The difference is that, this time an elected representative with institutional support made the violence even more visible, exposing how domestic policies can become instruments of transphobic discrimination on a global scale.
As long as the Donald Trump administration insists on denying the existence of trans people, cases like mine will continue to challenge the international community to act against policies that restrict people’s freedom and impose incorrect rules and norms on the bodies and identities of its own citizens and foreign citizens.
*Erika Hilton (PSOL-SP) is the first Black and trans woman elected to the Brazilian Congress and one of the most influential progressive voices in Brazil.
This article was written for issue 163 of the WBO newsletter, dated April 25, 2025. To subscribe and receive free weekly news and analysis like this, simply enter your email in the field provided.
