There have been many comments / stories on recent travel to Mexico. This post is dedicated to Travel to Mexico. Some Mexico specific comments have been moved here for further discussion.
Also see:
Living with 290 – Traveling to Cabo San Lucas
Sharing More Information Will Enable Federal Agencies to Improve Notifications of Sex Offenders’ International Travel – United States Government Accountability Office, February 2013 (Highlights)
International Tracking of Sex Offenders Working Group – An interim report of the collaborative effort to develop a system for tracking registered sex offenders as they depart and enter the United States, as required by 42 U.S.C. 16928 (White Paper) – developed by representatives of the Department of Justice, Department of Homeland Security, Department of State, and Department of Defense offenders as they depart and enter the United States, as required by 42 U.S.C. §16928, December 2010
Current Situation Results in Thousands of Passports Issued to Registered Sex Offenders – United States Government Accountability Office, June 2010 (Highlights)
Let all who are able send money to Janice earmarked for this effort.
There is also significant risk in doing nothing at all. As long as lawmakers and law enforcement think nobody cares what they do, they WILL continue to make things worse. But once we start to fight back we will begin to see change.
Until former offenders take a stand against these encroachments on their liberties, however, things will continue to get worse.
Nobody – absolutely NOBODY – deserves the humiliation of public registration. It is simply a government-sponsored form of harassment, and there is no clear evidence that public registration has been effective in preventing sexual abuse of minors or adults. Those of us who are in this fight must ALL pull together to fight public registration. If someone needs to be supervised in the interest of public safety, that supervision should be a part of his/her actual sentence, and does not need to be publicized to be effective.
From all the reaserch that I could do online I have not found any indication that the International Megans law is in effect. ICE, DHS, CBP are doing it on their own and not under any law.
The courts do not have the authority to save us from bad policy choices made by our elected officials. They can only strike down laws that clearly violate the constitution. In that situation, it is OUR burden as the challenging party to demonstrate by the “clearest of proof” that a law is unconstitutional.
When a particular state crosses that line and registration requirements become punitive, that the law should be challenged. Please understand that constitutional challenges are very expensive, because every state will vigorously defend its duly enacted laws. To undertake challenges all over the United States it takes the financial resources to do so. Everybody needs join and support .
Do you know what the famous lawyer Jonney Cocheran told OJ. Simson in the US. ” You are innocent till your money runs out”
It will not stop. “Sex Offenders” are the new lepers of modern society. Many people believe that they are no longer humans. Look at the Jews in the Holocaust. Look at the early Christians in Rome. We must stand up and stand proud, and let everyone know that once our punishment is complete, we deserve the same respect that any other human being deserves, and should receive the same treatment from our government as any other US citizen.
Anyone gone to the ACLU or another rights advocacy group to see if a suit can be filed against this? Any ideas on what we can do?
It ought to be, but public registration is not considered punishment, legally speaking. The United States Supreme Court and most state courts have deemed registration to be a “civil regulatory scheme” like the permit required to own a firearm, or earning a driver’s license. As a civil regulation, it can be changed at any time by your elected representatives.
Most people, if you ask them, probably would say it IS punishment. Even some lawmakers agree. But the last time public registration was challenged all the way to the US Supreme Court, that court decided registration was NOT punitive. And at that time, it probably wasn’t. You mailed in an update once a year, and your picture was on the Internet. That’s it. But much has changed since then, and a new case must be taken to the Supreme Court to change that decision.
AFTER supervision is complete, however, does the public have the right to:
Track a person’s every move?
Receive constant updates of personal information?
Receive notifications when a former offender moves into the neighborhood?
Know what vehicles a person owns or drives?
Know where that person attends school?
Know where that person is employed?
The constitutionally-correct answer is a resounding “NO.” Until former offenders take a stand against these encroachments on their liberties, however, things will continue to get worse.
to my representatives. Couldn’t I get arrested/seen on TV/harassed?
It’s very unlikely that you will be arrested for communicating with an elected official, because that is your right. You are their constituent, and represent a potential vote for them in the next election. They will listen to you – even if they don’t much care for “sex offenders” as a whole. You simply can make an appointment with your representative, and talk with him/her in an office. Be on your best professional behavior, and share your message as concisely and clearly as possible. Will it change his/her mind? Maybe not – but no harm will come from it.
Public testimony does carry some risk but you will not be arrested just for testifying at a hearing. Even people under supervision have that right. However, you might be recognized or your face could be shown on television. If you aren’t “out” with your employer or neighbors, or if law enforcement in your jurisdiction tend to be unfriendly to registrants, that could mean trouble. If this is a show-stopper for you, consider sending WRITTEN testimony instead.
I think we are all in agreement. Immigration needs to be formally petitioned. If they do not respond favorably, we need to file an amparo.
In many countries, an amparo action is intended to protect all rights that are not protected specifically by the constitution or by a special law with constitutional rank, such as the right to physical liberty, which may be protected instead by habeas corpus remedies. Thus, in the same way that habeas corpus guarantees physical freedom, and the “habeas data” protects the right of maintaining the integrity of one’s personal information, the amparo protects other basic rights. It may therefore be invoked by any person who believes that any of his rights, implicitly or explicitly protected by the constitution, another law (or by applicable international treaties), is being violated.
Update from my Mexican Immigration Law Attorney.
Action Plan
Immigration needs to be formally petitioned. If they do not respond favorably, we need to file an amparo.
In many countries, an amparo action is intended to protect all rights that are not protected specifically by the constitution or by a special law with constitutional rank, such as the right to physical liberty, which may be protected instead by habeas corpus remedies. Thus, in the same way that habeas corpus guarantees physical freedom, and the “habeas data” protects the right of maintaining the integrity of one’s personal information, the amparo protects other basic rights. It may therefore be invoked by any person who believes that any of his rights, implicitly or explicitly protected by the constitution, another law (or by applicable international treaties), is being violated.
My Attorney still needs 2 to 3 weeks to do the initial phase – the legal study as to the existing body of law and the application of that body to my situation in particular. This work product would be presented to me as a written report. Assuming that his study indicates that we have a decent chance of prevailing in the Courts. Than Immigration in Mexico needs to be formally petitioned. If they do not respond favorably, we need to file an amparo in Mexico.
These LAWS Are Gov. & State Sponsored Terrorism on a Group “Class Of People” HUMAN RIGHTS VIOLATIONS EVERYWHERE!
their presence upsets “the equilibrium of the national demographics,” when foreigners are deemed detrimental to “economic or national interests,” when they do not behave like good citizens in their own country, when they have broken Mexican laws, and when “they are not found to be physically or mentally healthy.” (Article 37)
Hot off the Press This is 51 pages. I have not read it all yet but will start to understand it a little better with more time.
http://www.gao.gov/assets/660/652194.pdf
My question is what if you were subject of a entrapment internet sting and there was no victim? And it is the only trouble you have been in your entire life? How and what information about how they assess you?
Just an FYI regarding the GAO report; Last paragraph, pg 31: DHS is, I repeat, IS trying to come up with a notification plan for people (similarly situated as me, a registered citizen) leaving the US and going south via land. I fully expect that there will be some sort of electronic system of notification or recognition, and/or a US ICE border stop going into Mexico very soon. It’s going to be quite interesting, quite expensive and quite sad. Damn, I’m going to have to sneak into Mexico? Sumthin just ain’t rite!
Resources
International Travel Form
The Supplemental Guidelines for Sex Offender Registration and Notification require sex offenders to report their international travel 21 days prior to departing the United States. The U.S. Marshals Service’s National Sex Offender Targeting Center (NSOTC), with the assistance of the SMART Office and INTERPOL, created the Notification of International Travel of Sex Offender form. This fillable PDF enables a seamless transfer of information from a jurisdiction’s registry to the respective destination country.
The most recent version of this form is on the Sex Offender Registration and Notification Act (SORNA) Exchange Portal. The Institute for Intergovernmental Research, which developed and maintains the portal, is now working on a process for international travel notification that is similar to the Offender Relocation Tasks feature used for interjurisdictional travel. In addition, the form has been distributed to State, territory, and tribal sex offender registry officials and has been posted on INTERPOL’s RissLEADS server (a secure, electronic bulletin board) and on the Federal Bureau of Investigation’s Law Enforcement Online (LEO) Special Interest Group (SIG) portal under INTERPOLUS.
Enhanced Tribal Card
Some tribal nations have developed an enhanced tribal card (ETC) to be used for non-air travel between the United States, Canada, Mexico, the Caribbean, and Bermuda. This secure photo ID has been approved by U.S. Customs and Border Protection for use during entry into the United States. If relevant, please be certain to include the ETC number on the international travel form, either under “passport number” or “other information.”
An “email” button on the form makes it easy for users to submit the form directly to NSOTC. The email subject line should read “Sex Offender Travel Notification” to speed up processing. NSOTC will process the information and submit it to INTERPOL.
Upon receipt of the form, INTERPOL will notify the destination country. Unlike other notices, this is for informational purposes only and does not require action on behalf of the receiving country.
This streamlined form will make it easier for registration agencies to forward the required information in a timely manner, in accordance with the terms of the supplemental guidelines. If you have any questions, please contact NSOTC at 202–616–1600 or IOD.NSOTC@usdoj.gov.
Someone mentioned at one point that a new law was passed last December in Mexico which prompted Mexican Immigration to start checking the passenger lists. I can not find any new law from last year. From what I can tell, this system has been in place now for a number of years.
Please let me know what it is that happened last December. Perhpas it was not a law but rather some kind of presidential decree to order Immigration to step up enforcement of provisions that already existed previously.
I am not in California but on the registry in the Midwest. I have found this site helpful. My guilty plea from 2011 has been expunged. My victim was an adult from sending inappropriate text messages. I can confirm the above stories about being pulled off the plane in Cancun. I was questioned by Federal police officers, and of course denied entry in February 2014. The immigration guy who met my plane was very friendly as was the airline rep. I demanded they hold the plane I came on for me which they did. I did not want to spend the night in the holding room. The police told me their President/Congress initiated an act in December to deny all registrants and some felons. They said Homeland Security informs their office in Mexico City we are coming and they confirm via the flight manifest. They said they have 4-5 per day and all are denied. Don’t know why they even asked the questions they did.
I did check with Mexican consulates in US before I left and they said no problem. US consulate in Cancun said they had heard of it happening. Even for people with multiple DUI’s. I did do a SORNA report 21 days before I left which probably triggered alerts as well but it is the law here.
They told me in a Mexico I would be allowed in when off the registry, but don’t try again before that. Lost a lot of money even though wife stayed with our friends. My advice to those planning Mexico trip is to change plans. I need to go to Finland in the fall and am now nervous about that. Good luck to all and keep fighting the fight.
I researched going to Mexico as thoroughly as I could from December to January 2014 and found no reason to believe there would be any type of problem entering mexico. Even found an official fed gov report written by homeland security that showed mexico denied entry to less than 5 people in 2012 when notified by the homeland security of criminal histories.
I downloaded 12 images by accident back in 2003 and are registered in florida, just the truth. Were found in a unrelated legal matter. Should have erased them, but knew you really can’t erase anything. Should have just thrown away the computer, but I didn’t.
I signed a two lease for a condo in Cancun starting in April of 2014. Shortly after signing the lease I started seeing reports that things seemed to be changing, that mexico was denying entry to people being registered after being notified by homeland security. They scan all passenger lists for planes and ships and notify countries of US citizens traveling.
Getting concerned, before waiting till April with everything packed to go to Cancun, I thought I better take a test flight to see if what would happen.
So in late January I arranged a 3 day trip to Cancun, made reservations in hotels and everything. By the time I left, I was almost certain from what I had been reading I would be denied entry.
And that’s what happened. Just as I had recently read what happened to others happened to me. As soon as the plane landed, mexican immigration boarded the plane and asked that I come to front of the plane.
They took me inside, spoke to me and asked questions for about 15 minutes and I was told I was being put back on the plane I came in on. The plane I came in on was from Ft. Lauderdale, but it when in left cancun it was going to Detroit. So ended up in -10 detroit, but that was the least of my concerns.
From everything I’m reading now, mexico has gone from denying entry to a handful of people a year to 20 – 30 a day, most likely for more than just being registered, but couldn’t say that for sure.
One recommendation, if anyone wants to go to a sunny Caribbean climate without having to be concerned if you can get in or not, Puerto Rico is the place to go, part of the US, and you need no passport.
This is just enraging. The US Government has just denyed the right to travel outside of the country to 750,000 of it’s citizens. How many people out there can still say that the registry is NOT punishment?
Joe,
thanks for the correction. I an assuming that the U.S. is also notifying Mexico of traveling convicted murderers, arsonists, and bank robbers, etc? We are surely not being singled out. My main point would be that the registry is punishment, and it gets scarier every day, especially when you live in a state that has condemmed you to life on the list with no way to ever get off of it. It’s a life sentence of continuing and worsening punishment
constitutional issues in federal courts).
As I understand it, the process of deportation is something like this:
1) In the United States, the Marshall’s Office reviews the lists of passengers on international flights.
2) If a passenger is on the list of “Offenders”, an alert is sent to the Interpol database.
3) The office of SEGOB / Interpol at airport receives the alert and notifies the INM.
4) INM staff conducts passenger deportation without exception.
I flew out of DFW to Chile through Mexico City. No issues getting through immigration in Mexico on the way to Chile, but on the flight back, there was a Mexican federal agent waiting for me at the gate. He took a picture of me, my passport and said the US government sent them an alert because a past criminal issue. The agent didn’t seem to have any idea what the issue was.
I had a connecting flight back to Texas in a couple of hours, so he let me go through immigration. I was stopped again and walked into a room. I was told I wouldn’t be let go into Mexico due to an alert set by the US government. I would be forced to stay in that room and not go to wait at the gate or a restaurant.
Interestingly, I am not in the sex offender list. A judge ordered my removal from the list and I am not required to register anymore (I was 17 when the offense happened and the .’victim’ was 14). However, there is some lingering record of me visiting a sunny State over 10 years ago (I was still on the list) that requires visiting offenders to register for the length of their stay.
I was not told who which agency of the US government is sending the alerts. However, the agent clearly told me Mexico has absolutely no issues with me entering the country (I served no jail time and the incident was in 1991). Mexico is simply following the alerts set off by the US government and will not let anyone that is flagged.
I am unsure how to proceed; I am not in probation or served jail time. I was a minor and I am not required to register as a sex offender.