Garrison Davis

Quote, I think it's dangerous to even suggest that a legally obtained and valid birth certificate could be viewed as quote-unquote fake without a much clearer statement from the federal government to that effect, Picasso advised.

In Trump's recent travel bans, they have specifically mentioned the availability of fabricated birth certificates in certain countries.

And this whole claim about trans people's visas being revoked because of applications of misrepresentation is contradicted by the State Department, which said last year, "...currently valid U.S.

visas issued prior to the effective date of this guidance bearing a sex that differs from the visa holder's sex as defined in the executive order will remain valid through its expiration date."

The visa holder does not need to apply for a new visa with an amended sex marker until the current visa expires, unquote.

So the first half of this article covers what I argue are gross misrepresentations of State Department visa policy.

The second half of the article speculates on how this misrepresentation could be enforced by ICE.

In a Supreme Court ruling last year, Justice Kavanaugh wrote that ICE could detain people based on a combination of factors such as working a certain kind of job, ethnicity, and speaking Spanish or talking with an accent.

Kavanaugh said that ICE can detain someone for questioning, quote, if they have a reasonable suspicion based on specific articulable facts that the person being questioned is an alien illegally in the United States.

The author of the Substack article argued that Kavanaugh's concurrence, quote unquote, effectively permitted,

Unquote.

Unquote.

With this, Substacker adding that because of State Department policy requiring applicants to list biological sex at birth on forms, quote, ICE now have the enforcement rationale to assert that trans people are more likely than cis people to have misrepresented themselves during the visa process and therefore are more likely to have entered the country unlawfully, unquote.

This assertion from the Substacker rests on the idea that looking trans makes someone more likely to be in the U.S.

illegally.

This idea is not supported by any immigration policy, memo, or guideline.

It also assumes that the justification for a Kavanaugh stop is the same as the legal process of removal, which it is not.

This idea was invented by the author of this article.

It's not based on any enforcement directive from ICE and misrepresents what the State Department means by intentionally misrepresenting biological sex in the visa application process.

Discrepancies in gender markers across government documents is not itself grounds for detention or deportation.