Comment on DOS-2026-0694-0008
Anonymous AnonymousOpposeOther
Summary: The commenter opposes the requirement in Form DS-3026 to collect records of previous elective gender-affirming surgeries. They argue that such information lacks medical relevance to public health, violates medical ethics regarding privacy and data minimization, and should not be required unless there are specific current medical complications.
The requirement in DS-3026 to provide records of **previous elective surgeries performed to alter male physical characteristics to female characteristics or female physical characteristics to male characteristics** raises concerns regarding medical relevance, privacy, necessity, and the proper scope of a medical examination.
The purpose of an immigration or public health medical examination is to identify conditions relevant to public health, such as communicable diseases or other conditions specifically defined by law or regulation. A history of gender-affirming surgery, without current medical complications, does not meet these criteria and has limited clinical relevance unless it affects the individual's current medical care.
Medical ethics require physicians to collect only information that is necessary and relevant to the purpose of the examination. Requiring disclosure of highly sensitive surgical history without a clear medical justification raises concerns regarding confidentiality, privacy, dignity, and bodily autonomy.
If elective procedures are considered relevant simply because they modify physical appearance, the same reasoning could be extended to other non-medical appearance choices, such as tattoos, piercings, cosmetic procedures, permanent makeup, or other personal modifications. These features are generally unrelated to public health risks and do not require medical evaluation.
From a legal perspective, mandatory collection of medical information should satisfy the principles of legitimate purpose, medical necessity, relevance, proportionality, purpose limitation, and data minimization. The government should demonstrate a clear connection between the requested information and a lawful public health objective.
Unless there is a specific medical complication, current health concern, or legally established requirement, collecting records of previous elective surgeries appears inconsistent with evidence-based medicine, medical privacy principles, and the proper scope of a public health medical examination.