UPDATE 06/07: The date of the IML hearing has been changed from June 25 to July 9 at the government’s request.
The State Department today filed a Motion to Dismiss the lawsuit which challenges the International Megan’s Law (IML) on procedural grounds. A hearing on the Motion to Dismiss is scheduled for June 25 in Los Angeles.
In its motion, the State Department asserts that its final rule issued in September 2016 is consistent with the IML and that its press release issued in October 2017 that included the language of the unique identifier to be added to the passports of some registrants was a website update, not a regulation. In addition, the State Department asserts that it already had authority to deny passport cards to registrants prior to passage of the IML.
“The State Department motion does not change our position that the agency violated the Administrative Procedures Act when it issued a final rule implementing the IML without first requesting public comment,” stated attorney Janice Bellucci. “In addition, we continue to believe that the State Department completely lacks authority to deny passports cards to registrants.”
The IML lawsuit was filed in the U.S. District Court, Central District, of California on January 11, 2018. The agency’s response was initially due in March 2018, however, the agency requested and obtained a three-week extension for that response. Today was the deadline for the agency’s response.