Your Y Chromosome Ain't Got Nothin On Me

FLYING TRANS: New TSA Security Policies and What They Mean for Transgender and Genderqueer Travelers

With the holidays coming up, I know many of you will be traveling by plane, and there has been a great deal of talk about trans people and the new TSA security policies. It is concerning enough that I think it warrants a whole post.

So I’ve read a lot. News stories, blog posts, official TSA statements. And here’s the gist of it:

The TSA now (since March of 2010) has what is called Advanced Imaging Technology - more commonly known as the nude [body] scanners - in place at all of the major airports. According to the TSA, there are 385 “advanced technology units” at 68 airports in the U.S. They use backscatter technology and result in very detailed, graphic photos.

The issue now is that in October 2010, the TSA began a “phased, roll-out” implementation of their enhanced pat-down procedures. While I can find no official statement describing the “enhancement” of this procedure, personal accounts of receiving these new pat-downs suggest deliberate cupping and/or ‘fingering’ of the genitalia, buttocks, and breasts are now standard policy (as opposed to the former “back of the hand pat-down” passengers might have received in the past). From what I can tell from reports, most (if not all) major airports began using the new pat-down techniques by the beginning of November.

Here is a recent conversation a passenger had with a TSA officer:

“Yes, but starting tomorrow, we’re going to start searching your crotchal area” — this is the word he used, “crotchal” — and you’re not going to like it.”

“What am I not going to like?” I asked.

“We have to search up your thighs and between your legs until we meet resistance,” he explained.

“Resistance?” I asked.

“Your testicles,” he explained.

Of particular alarm is the inconsistency at which these pat-downs are being performed. It seems TSA officers are not being trained properly. There are accounts of officers performing the more invasive parts of the search without alerting the searchees of where they would be touching. There are accounts of excessive groping. There are accounts of laughter. And nowhere in the security line (or on its website) does the TSA alert passengers of their rights during a pat-down or of what to expect.

Already law suits have been filed. Some are individual cases of an officer not following correct protocol and overstepping someone’s rights. But the ACLU is involved with some larger suits about the whole process being an issue of unreasonable search and seizure and thus a violation of 4th Amendment rights.

So those are the facts.

WHAT IT MEANS FOR TRANS PEOPLE:

I’m afraid there is little to no way to go through AIT or an enhanced pat-down as a pre- or non-op trans person without alerting officials to yr transgender status/history. The nude body scanners will show whether you are sporting traditionally-“male” or “female” genitalia, and if you have breasts. They will show that the packer you may be wearing is not attached to you or is being supported by an elastic band. They will show if you are binding. They will show if you are tucking yr penis. With the enhanced pat-down, yr packer will have to be placed perfectly to avoid scrutiny (though my packer has passed for real in similar non-security-related settings, so that is something to keep in mind). And for pre- and non-op trans women, the genital area part of the search is so thorough, I’d think an officer would notice the original plumbing. When being patted down with an open, front-hand, I can’t imagine that a trans man binding is going to pass as having a masculine chest.

Concerns about being outed to individual officers are valid, but I am even more concerned about the increased scrutiny trans people will now face when going through security. And the dysphoria that could result. TSA officers are trained to look for things that seem ‘off’ in these scans and pat-downs. Unfortunately, someone’s genitalia and/or chest not matching up with their gender presentation and/or marker may be enough to raise an inspector’s suspicions. A trans person is then put in the position of having to explain their situation, which is not something most of us enjoy doing, particularly those living stealth. But really for any of us, it is uncomfortable and opens us up to the possibility of judgmental reactions from these strangers who have authority over us in that moment. Explaining to someone why I have a vagina, or why there is an elastic band around my waist with a pouch and a fake dick sounds like something really triggering.

Also, pat-downs are “conducted by same gender officers.” Obviously this could lead to awkward and even dangerous situations for trans people whose appearance may not lead to an obvious perception of male or female, or whose gender markers haven’t been changed, don’t match, etc.

WHAT TO DO:

The part of all of this that I’m unclear about is which security measures are standard and should be expected by everyone traveling by plane, and which are set aside for flagged passengers. When AIT was first introduced at airports, it was used as a supplement to the metal detectors. Every passenger in the security line went through the metal detectors and only those randomly flagged for higher security were subjected to the imaging. This is changing. The TSA it seems is pushing to make AIT the standard form of security, and in some airports, I believe every passenger is asked to go through the “nude body scanner.” If you opt-out of the imaging, you receive the enhanced pat-down. (You also receive the enhanced pat-down if you set off repeated alarms in the metal detector, if officers detect an “anomaly” in the image scanning, or if you are randomly assigned for heightened security.)

The best thing you can do is to prepare yrself for this ahead of time. KNOW WHAT YOU ARE GETTING INTO, and already make decisions about hypothetical situations before you go to the airport. For example, weigh the consequences of the scanner and the pat-down and decide which you will choose, should you have to make the decision. Decide whether you want to wear that packy or not. Decide if you want a woman or a man performing yr pat down. Decide what you will say if you are questioned about “anomalies.” That is honestly the best you can do.

Things to keep in mind when making yr decisions:

You can request that yr pat-down be performed in private. And you have the right to bring a travel companion with you for that private screening.
When you go through the AIT scanner, the person viewing the images actually is in another area/room.

And stay strong. If this bring on dysphoria, remind yrself that these people have no say in who you are and what yr gender and/or sex is.

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(List of airports using advanced imaging scanners after the cut)

Airports who currently have imaging technology: