First, I would like to thank everyone for their informative posts regarding the denial of entry of ports of entry. I was convicted of a lewd offense (Indecent Solicitation of a Child; Felony) in July 2003. The offense involved talking about having sex with a person who portrayed to be 14 but was a decoy police officer. My actions were stupid and I paid a hefty price for my poor chatroom sexual conduct. In addition to my sentence, I was required to register as a sex offender for a period of 10 years in accordance to state law. I am no longer a registered sex offender because my 10 year registration period has expired.
Since my conviction, I have traveled internationally extensively to numerous countries as well as done business in China on a special visa without ever having any problems. However, to my big surprise, in July 2014, my visa to continue to live and do business in China was rejected and I was issued an order in my passport to leave by a certain day. I left China on the same because I was already schedule to travel back to the U.S. on the same day I found out my visa renewal was rejected. I applied for a China tourist visa in August to get back to China but that was also rejected. I attempted to travel back to China for 72 hours (visa exempt) with an onward flight to a third country destination (traveling to a third country destination is a requirement to land in China visa exempt for 72 hours) I was denied entry into China and sent back to the U.S. When arriving at the airport in China, my name was called over the airplane’s PA system for me to come to the front of the plane and that they could not deplane until I came to the front of the plane. As I was walking up the isle to the front of the plane as everyone was standing in the isle waiting to get off the plane, 2 Chinese immigration officers were walking towards me down the isle to meet me, which then they escorted me off the plane and into a small room. The officers informed me that I am not allowed to travel to China and I was told that I am being sent back to the U.S. I remained sitting in the small room being watched by 2 officers while other officers rechecked my luggage and checked me into the next departing American Airlines flight. Officers returned to the room with a boarding pass and checked luggage claim tickets and escorted me back upstairs to the departure gate and on to the American Airlines flight. The whole ordeal lasted for about 2.5 hours from the time I arrived at the airport. I was in China for several years and never broke any laws there but now I have been blacklisted from China as result of an INTERPOL Notice provided to Chinese law enforcement authorities.
In less than 7 days after I was sent back to the U.S. from China, I traveled to Bangkok, Thailand where I have traveled on numerous occasions for vacation since my conviction. When I arrived at the airport in Bangkok, there were people standing outside the gate holding up a sign with my name. I approached them which then they presented a police officer badge and had me get on an airport mobile. I was escorted by 4 Thai officers on an airport mobile to a small room. When on the airport mobile, one of the officers sitting behind me showed me the notice which was issued by the U.S. Immigration & Customs Enforcement (ICE) stating that I am a convicted sex offender and that I am traveling to Thailand with the intent to recommitting a crime against children. I was shocked, humiliated and embarrassed. My photo was taken with a mobile phone by one of the officers and I had to sign a document stating that I was being denied entry into Thailand. The immigration officer put a big denial stamp in my passport. I was then escorted to a detention room where I was going to be locked into a windowless room with steel bunk bed and other inmates. I insisted to call someone that what was happening to me was a mistake. I was only able to speak with an airline representative. After talking with the airline representative for almost 1 hour I was able to book a return flight to the U.S. with my credit card (Full Economy Fare) that prevented me from being put in a detention room. I was scared and totally upset. The airline representative came down to the room with my boarding pass and I was then escorted upstairs to the boarding gate.
I was able to confirm that ICE has office housed in U.S. Embassies around the globe. In addition to INTERPOL issuing notices on sex offenders, ICE is also doing it from their field offices. I talked directly with the officer at the U.S. Embassy ICE office in Bangkok who issued my notice and told me he can do it because the conviction is open source information. The officer also told me that it up to Thai authorities on whether they want to admit me or not. Well..DUH…no country is going to admit a person with derogatory information that was in the notice he provided.
Though I had one run-in with the law in my life, I have good character and I would never intentionally hurt anyone. I don’t even smoke or drink alcohol.
Since my conviction I have been living a fully productive crime-free life as I was before my conviction. These 2 denial of entries have financially set me back as well as created a lot of other unexpected hardships and crisis’ in my life. The law enforcement authorities have just made a fully functional citizen into now a dysfunctional citizen. I can only say that the officers who are sending these notices that claimed I was traveling to recommit a crime are scumbags.
I have retained a lawyer and I am currently determining what, if any, legal remedies are available to sue ICE and/or Homeland Security. From doing business abroad for so long now, most of my assets are in a foreign country that I cannot even get into now. I have made Freedom of Information Act (FOIA) requests to INTERPOL, U.S. Marshall’s Service, ICE and to the Department of Homeland Security.
I would like to get a list of names, email addresses and mobile phone number addresses of convicted sex offenders (registered or not registered) who have been denied entry to countries. I would like to share this information with my lawyer as well as I am thinking of filing a complaint with the American Civil Liberties Union. Only if you like, and feel comfortable, you can leave your first name or nickname and contact information by sending an email to xiga576@hotmail.com.
I am also willing to work with anyone in this forum in researching how to address these sex offender notices on a broader bases to ultimately put a stop to the bad practice. Finally, after already conducting my own extensive investigation on the issue, the culprit entities that are best to contact about these notices are as follows:
1. Secretary of Homeland Security
12TH & C Street SW
Washington DC 20528
(202) 282-8000
This is the headquarters for the ICE field offices that are based in the U.S. Embassies all across the
globe where such notices are originating from.
Go to the following link for a map of ICE field offices, and their addresses and phone numbers:
https://www.ice.gov/contact/hsi-international-ops
2. U.S. Marshall’s Service Sex Offender Targeting Center
(202) 282 8000
3. INTERPOL Washington
U.S. Department of Justice
Washington, D.C. 20530-0001
(202) 616-9000
NOTE: INTERPOL Washington does not speak to private citizens about case information, but all sex
offense cases are handled in INTERPOL Washington’s Sex Trafficking Division and there are caseworkers
who handle the cases and send notices to the foreign countries.
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This was submitted as a comment under “International Travel” by user “AdvocateVoice”. Deserves it own post…
Also see:
International Megan’s Law / RSO Travel Issues
All Posts tagged International Travel
U.S. Marshall’s Sex Offender Targeting Center & INTERPOL & Immigration & Customs Enforcement
As I was previously advised by the U.S. Marshall’s Sex Offender Targeting Center, all sex offense conviction information as well as sex offender registration originates from the local (state) level. In the case of international travel, the U.S. Marshall’s Sex Offender Targeting Center collaborates with INTERPOL by sharing the information with INTERPOL, which then INTERPOL transmits the notice to the foreign government.
I was advised by an officer at the ICE field office that they do not have access to U.S. Marshall records. I was also advised by a caseworker at INTERPOL that INTERPOL and ICE do not share information.
ICE functions separately from the other law enforcement entities and is housed under the Department of Homeland Security.
Essentially, there are two separate forces at work issuing these notices two foreign countries:
1. INTERPOL in collaboration with the U.S. Marshall’s Sex Offender Targeting Center
2. Immigration & Customs Enforcement field offices (ICE) (housed in U.S. Embassies)
After reading the whole piece I come to the conclusion going to the problem to solve the problem will only give those guys something to stick over their water-cooler for laughs!
The answer to fighting this kind of violation is with our elected officials, community action groups and churches…It really is a boots on the ground problem. Learn scissor sharpening and serve those in the salon industry as I do. I am currently affecting elections by my involvement. My strategy is to give-away services to hairstylist for sharpening scissors in the name of___________(elected official) seeking votes. This has been awesome and powerful!!!!
There are other ways you can make a difference and that is by volunteering with an elected official…take picture with them and afterwards make your interest in fairness for all Americans known. If they mess up on us… when they come up for re-election that picture with a known Registered Sex Offender becomes public information for anyone to use.
Have we forgot this is a type of war we are in? Does law enforcement play fair? Do our politicians play fair? I’m a Christian and yes I’ll pray for change but “faith without works (action) is death…” (Bible verse). What we need is more action from our ranks not belly-aching. Engage, engage, engage.
About the boots on the ground scissor sharpening for hairstylist. It’s easy to learn and doing so you’ll get to know those that know everyone in the community “the hairstylist!!” I’ll teach you. Donate $20 to RSOL (this website) and send RSOL your information (phone number and address) via their contacts tab and I’ll give you the step by step instructions to easy shear sharpening. The material cost is cheaper than you’ll find anywhere online. When you decide to run for office you will have already connected with everyone in your community indirectly. Powerful idea don’t you think?!?!
That above offer is only for registered citizens and their family members. I will personally see to it you’ll help yourself and all of us while doing so! All funds are to help RSOL help us on the political and legal side. RSOL has my personal cell phone number to support your volunteer efforts in this regard. Robert (registrant and hairstylist/scissor sharpener)
This is exactly what happened to me when I tried to enter Argentina Last month on September 10th. When my passport was scanned it was flagged and immigration officers came to the both and I was escorted into a secure area. My partner and I had visited Argentina many times and had most recently lived there for 6 full year 2006 – 2012! No problems at all. And 15 years since the offence with no other incidents (not even a speeding ticket)!
My partner was allowed to enter the country. I was held for 8 HOURS and guarded until the next flight back to the USA. I was told by immigration that the USA wanted me back because I had some “issue” naturally they would not reveal what that “issue” was.
My partner rebooked our tickets for both of us (and our 2 Chihuahuas) and we returned. After returning I was not even stopped reentering the USA which was the first time that had ever happened!
Clearly they didn’t need to as they knew perfectly well that their back stabbing scheme had worked perfectly and the intent to keep me trapped in the USA had worked with Argentina fully cooperating!
I am also out around $6000 for tickets and other expenses such as apartment deposit, dog certification, etc.
I AM SENDING YOU MY EMAIL ADDRESS.
Just in case anyone still thinks the Department of Homeland Security, ICE, and other government entities are not complete jokes, this is a great read. This is the kind of activities that these big government entities do instead of actually protecting people. I personally think part of the solution is to keep government as broke and dysfunctional as possible. My contempt and disrespect for them grows every day and I am going to make sure that matters.
Maybe we need to start contacting foreign countries in which the president plans to conduct relations and warn them of the likeliness that his entourage (secret service) will engage in human sex trafficking.
———————————————————————————
United States Secret Service personnel, who were in the country to protect the president, brought prostitutes into their hotel before the president arrived. Though Colombian police said that five people were involved, a preliminary investigation by the United States Southern Command suggested that 11 people could have been involved.
I am confused… “I am no longer a registered sex offender because my 10 year registration period has expired”. This is highly disturbing… if you are no longer required to register how did you even pop up on their radar? Had you self-disclosed on the Visa Application in the past?
Can you expand on that? What state is this? Was the conviction expunged?
And have you returned to the US from overseas since your registration requirement expired? Were you, at that point, made subject to secondary inspection everyone here is so familiar with?
More details would be much appreciated. As are your efforts. I applaud your research and impending course of action.
Please keep us posted.
Interesting stories. I plead non contest to a battery about 18/19 years ago/summary probation. (Ca). Now, the charge was eventually reduced to a misdemeanor and expunged. In summary, the conviction was expunged, but I’m still required to register! IT had nothing to do with child related issues. I wonder what will happen if I travel? I mean, I’ve visited Costa Rica, Canada, Philippines and a variety of other destinations. ALthough, this was about a year or more ago? I wonder what will happen now? Or, are they only targeting child related offenses? Or, I wonder if the offense being expunged did anything for me? WHen I re-enter the US, I’m still detained and they run me, but Im always cleared and on my way.
Absolutely horrible the way the borders are closing in on us. I will help fight.
Do any of you travelers have experience with applying for TSA Pre program for flying domestically? I want to apply but am afraid my conviction will lead to a denial and I’ll lose the TSA Privileges I get on my frequent-flyer airline of choice.
The fact that the ICE document stated that you were going there with the intent of committing a new crime, I would say that is slander/libel. They have no way of providing one way or another what your intent is. I would file a tort claim against the individual who issued the notice for slander/libel as an individual, and also file an injunction against the agency from allowing it’s employees to make false representations.
Advocate, I feel for you. I really haven’t ran into this issue, but I can imagine. To say the least, I have no idea whats going on with this country. We have 1st Time offenders here in California with misdemeanors who must register for life! Thats nuts. They have to register annually, until recently banned from parks/beaches/living in certain areas, plastered on the internet, prohibited from participating in Halloween and the list goes on and on. NOw, we are being prohibited from travel? Thats nuts
I truly feel something must be done about this! I mean, this is nuts. Whats next?/as of this time, sex offenders are almost incapable of leaving the country? In my instance, I plead to a wobbler, which was eventually reduced to a misdemeanor and expunged/dismissed! Yet, Im still required to register 19 years later with a summary probation result at the time! So, I’m not a felon and by law never been convicted of a crime, but yet I’m still required to register and banned from traveling any further? I have no idea!
As I read this topic over, I become angrier and angrier! Some years back (almost 20 now), I can recall dealing with an attorney and the man is now a Commissioner in OC. As such, I recall him telling me if I plead to a battery, (wobbler) I would no longer be required to register after the charge was reduced to a misdemeanor! Well, that was false. I initially felt that whats the big deal if I have to register for 3 years or so? He lied. Well, things have changed since then. Megans Law Website (isn’t that degrading enough)! People losing jobs as a result, divorces/murders as a result! Then, we had the DA from OC who attempted to institute laws banning individuals from parks, libraries, beaches, loitering or living near bus stops! This is or was literally and totally nuts. Then, we had and have individuals who are banned from living in certain areas of cities? Who on earth would think that ANYONE convicted of a crime would be banned from the beach? If someone told you this would occur 10 years ago, they would say your nuts! Now, we have individuals who have children/grandchildren who are banned from placing Halloween Decorations on their private property? I can’t even comprehend this. How can ANYONE be banned from placing Halloween Decorations on their own private property? Now, what if they don’t own the home and its their parents? Or, what if they are simply renting a room and the owner refuses? The legislators and politicians need to wake up. We have individuals who have been on the registry for years and never committed another crime? Yet, they continue to send the message that the judicial system is incapable of rehabilitating first time offenders? California, wake up and lets pass this tier system before its too late!I I’m still waiting for ONE of the offenders to break! I mean, you can’t keep pushing and pushing an individual. They always break. Good luck
I was informed today by the U.S. Marshall’s Sex Offender Targeting Center that the sex offender alert notices about me have been stopped and that I am now good to travel. The partner federal law enforcement authorities have also been notified by the U.S. Marshall’s Sex Offender Targeting Center to stop the sex offender alert notices on me. This is very good news!
Apparently, the sex offender alert notices are issued for anyone who is required to register as a sex offender. I feel very fortunate and gracious that I am no longer a registered sex offender and I see this as a second chance that I do not take for granted.
Contact the U.S. Marshall’s Sex Offender Targeting Center in Washington, DC if you have has traveled internationally and been denied entry to another country as a result of a sex offender alert notice, but are no longer legally obligated to register as a sex offender, in which case they can then correct the problem.
Moreover, I personally believe that the sex offender alert notices should only be issued for high risk violent or repeat sex offenders, or hardened criminals that pose a real danger to public safety based on a psychological sex offender assessment, but not anyone who is listed on a public sex offender registry.
Since the federal government has taken all appropriate action to reconcile my problem in a timely fashion, I will no longer be able to be a party in a potential class action lawsuit against the federal government for government interference in travel.
AdvocateVoice
There have been several lawsuits filed on behalf of the people on the terrorist watch list who have been detained, without the government giving them a reason why they are considered dangerous. Isn’t this flagging of registered, and apparently non-registered former offenders, in apparent secrecy, an extra judicial violation of travel rights, also?
Well , I attempted a Certificate of Rehab (battery/expunged/SUMMARY probation/no other issues/ obtained Graduate Degree ) and the judge rejected my requests! He couldn’t find one reason to deny the motion, but it wasn’t enough ? I was in sock (OC). The DA was dishonest, (occurred in LA) made all kinds of false accusations/ investigator harrassed me/ wrote false report/rude ect ect. I was in total shock by their actions! Good luck ! Im attempting to now file it again in LA 20 years after the fact! Anyone heard of a register able offense with summary probation?
HR4573 (International Megan’s Law) was supposed to authorize Department of Homeland Security to form an Angel Watch Center to notify foreign governments when sex offenders travel to other countries. That bill passed the US House back in May but is stuck in a Senate Committee. What’s really the purpose of that bill if our government is already doing what that bill had proposed?
Bravo! Bravo to you for taking a stand, for getting a lawyer to fight this crap, for considering contacting the ACLU to take it up, and anything more. Bravo!
Yes, when you said: “… stating that I am a convicted sex offender and that I am traveling to Thailand with the intent to recommitting a crime against children,” that is new information I have been wanting. I have not until now known just what it is they are sending that gets such a serious reaction from the receivers.
Gee, to send a misdemeanor record from, say, 30 years ago — how could that get such a serious reaction — but from all reports here, even one-time misdemeanants are being rejected at the borders. I wondered if it was because all that was being sent was the words “sex offender,” with no explanation. From what you just revealed it is worse than that: “stating that I am a convicted sex offender and that I am traveling to Thailand with the intent to recommitting a crime against children. ” That information is a lie! How can they even pretend to know what you plan to do,and if they did, whey did they let you leave!?
If they are saying that, that is absolutely libel. That is absolutely winnable – unless, of course, the US claims sovereign immunity.
Nothing should be getting sent, but if it is, it must at least be accurate! But making it accurate is not even close to enough to justify it.
To go beyond a single libel case, yes, a class action to challenge the legality of, 1, the truth of the information being sent, and lying by omission is not truth; 2) that it is being sent at all, as it is not being done as part of any investigation, not even for reasons of terrorism.
Also, another idea for California residents: the state law allows that information — or any criminal record information — to be given out, even to the federal government, only for certain, restricted purposes. I’m pretty sure one of those is not to tell other countries that you are traveling, as that is not an INVESTIGATION. I’m pretty sure it needs to be an investigation, not just publicity. Thus, if the US is spreading that info beyond that l allowed under California law, I think California is barred from providing the information to the US itself! I know, this is probably a stretch, but I suggest trying every angle — and if nothing else, can you imagine what attention that challenge would draw to the issue — Americans don’t even know this is happening. Gee, even we registrants can’t find out much about it — until we arrive at the border of another country.
I further suggest that the US cannot default to let each and every individual state set federal policy as applied to its citizens, as per the US passing along this info about anyone required to register. In California, registration is for life, but in many states and for many lesser offenses, it is no more than 10 years, or to never have to register for many of the lesser offenses for which California sets lifetime registration. Surely the federal government cannot pass along this information for Californians for life, but never for someone convicted of the same offense in another state! Surely using this kind of state by state default is illegal as federal law or policy, as a violation of the Constitutional right to equal treatment under the law. Surely this is very challengeable, and could at least limit for how long and to what offenses they can pass it along, say no longer than the US requires registration, and not for any offense for which the US does not require registration — regardless of whether any particular state continues to require registration.
I lost faith in the ACLU many years ago because they did not and — in my own contact with them, refused to — challenge this registration crap and the ever growing collateral disabilities. When I contacted them, I was treated poorly and told they have no problem with any of it. And where have they been all these years, with this growing and growing and growing. They have ignored what arguably is the biggest civil rights issue of our time. I find it abhorrent that you would even have to contact them and call on them to do it — they should already be all over it as such a serious violation of civil rights. How could they not do it automatically. This is so far and away a very serious civil rights issue, yet they have ignored it — and you have to plead with them. Unfortunately, it is a long time since the ACLU has been what it was decades ago.
Anyone who has not read the two pieces I wrote last June about this very subject should do so now. They can be found here:
https://all4consolaws.org/2014/06/international-megans-law-rso-travel-issues/
Unfortunately, after performing all of that research and writing, all I could do was sit back and wait to collect anecdotes just like this one since it was quite obvious to me that the awful results would be inevitable.
Some of the commenters here would do well to read them to clarify, in their minds, what the legal issues are and the authority asserted by our government to, effectively, place sex offenders in the U.S. under an international travel ban.
Please note that the International Megan’s Law is NOT NECESSARY in order to keep RSOs from travelling. Rather, it would add some additional features that would make RSO travel even worse (criminalizing the ATTEMPT to travel without U.S. notification/authorization) but the regimen now in place does just fine at keeping RSOs in the U.S.
To answer one of the questions asked by some of the commenters here: No, it doesn’t matter if you no longer have to register, it only matters that you were ever arrested or convicted of a sex offense. It has nothing to do with which state you were convicted in or if you were convicted of a state or federal crime. The pertinent authorities who are blocking travel by reporting criminal backgrounds to foreign countries are not the TSA, with which Americans are most familiar, but ICE, Customs and Border Patrol and U.S. Marshalls (all Dept. of Homeland Security) in conjunction with Interpol (an international organization with national “chapters” in 190 countries), all working hand-in-glove to make sure none of you can ever leave the U.S. for any reason whatsoever.
I, too would like to hear from anyone who has now had the misfortune to attempt to exercise their right to travel but been terribly disturbed to find that it is now denied them as well as from anyone who wishes to fight these horrendous laws which are reminiscent of nothing so much as those used in the Soviet Union to keep their own citizens virtual prisoners.
My email is davidkennerly@gmail.com
Thank you.
The people in charge of our governments worldwide are mentally unqualified and psychotic. It has nothing to do with the protection of children because children themselves have told us repeatedly that they like physical relationships with adults. There is no evidence from psychology and biology that such conduct by friends in safe environment is harmful.
These so called governments only maintain their attitude by denying the research and refusing to examine the issue. They are not qualified to be our governments. The vast majority of them took and maintain power by force.
You cannot oppose their injustice and psychosis by using their own tools, their own rigged courts and self-serving “laws.”
A consensual relationship with a person of whatever age is not wrong and can be beneficial. Love is universal and wonderful. But we are surrounded by people who are not in their right mind and who have made a living hell of this world.
It is our right and obligation to oppose them and to block their insane machinations. We must do this by means that get the job done. Acting like loyal little boy scouts our whole lives will not work.
Maybe we should start a petition to get the White House to look into this unwarranted discrimination. Most travel to get away with their family or to visit family and not with an intent to harm children.
It is rather pathetic that while some try to cross the boarder TO ENTER the USA that we are going to have sneak across the boarder as to GET OUT of the USA. I for one certainly do not plan on being a prisoner trapped within the imaginary boarder of the USA when it is my HUMAN RIGHT to explore this planet just as much as anyone else.
I do not respect these artificial “rules” that restrict my movement. I will be fine breaking them just as others who have been abused and oppressed by those in power have done before me.
The right to travel internationally is not as well defined as the right to travel “freely” within the US between states. The recent ACLU No-fly list case is a good start for a challenge.
These US Justice Dept/ DHS “instant deportation” requests/ sex offender notifications to foreign governments can certainly be challenged on:
1) Endangerment of a US citizen when broadcasting to other foreign government that you are a threat to their citizens – Failure of the US Government to protect its own citizens. Your basic right to protection: http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3172&context=dlj
2 ) Violation of the 5th and 14th Amendments – Denial of Due Process and Equal Protection. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
– The US Government takes action to inform a foreign government that you are a public safety risk without affording you the opportunity to demonstrate that you are not a public threat, denial of due process.
– The US government takes away a significant liberty interest from a registered citizen when the government takes these actions in preventing you from traveling to a foreign country without due process.
– I believe the US government has the responsibility to notify its own citizen when notification is sent to a foreign government. It should be a priority of our government to protect its own citizens first.
Good references:
1) Significant recent court case (ACLU):
https://www.aclu.org/national-security/court-rules-no-fly-list-process-unconstitutional-and-must-be-reformed
2) International Travel and the Constitution (UCLA LAW REVIEW 2008):
http://www.uclalawreview.org/pdf/56-2-1.pdf
3) Freedom of Movement definition:
http://en.wikipedia.org/wiki/Freedom_of_movement
http://en.wikipedia.org/wiki/Freedom_of_movement_under_United_States_law
4) ACLU Travel Rights:
https://www.aclu.org/technology-and-liberty/know-your-rights-when-traveling
This is would need be a federal court case against DOJ and DHS, which has the SMART office and DHS under its umbrella. These sex offender alerts are generated at the federal level not the state level therefore would need challenged at the federal level. The DOJ SMART office has led the effort in putting this program in place since 2009. DOJ DHS has led the effort in implementing the program.
At the federal level, the Department of State who maintains control of US passports has not been involved in this process. This is strictly a DOJ/ law enforcement initiative.
If challenged, I think the government would be on slippery slope defending this program from the two US Supreme court cases that US sex offender polices are based on:
1) Connecticut Dept. of Public Safety v. Doe (2002) affirmed public disclosure within the United States not internationally. It becomes a different matter when the US Government informs a foreign government a US citizen is a threat to foreign citizens another country. I don’t think the Supreme Court would see this international sex offender alert program/ instant deportation request as “just a civil scheme” like they did in 2003.
2) The US is sharing US sex offender data with foreign countries that have no sex offender registry therefore it is not a common “data sharing” program between international law enforcement agencies. It is something else.
3) This program evolved from the 2006 Adam Walsh Act which has not been looked by the Supreme Court since Smith v. Doe was decided in 2003. Many US states have found AWA to be unconstitutional.
4) This program is very similar to the No-Fly List case which the US Government attempts to trump individuals’ Constitutional protected rights with its “need to maintain national security.” Like the No Fly List program, this sex offender alert program was set up within DHS using post-9/11 terror watch/ tracking foreign terrorists. Post 9/11 laws put in place for the purpose of national security and not for monitoring US citizens. The government can’t argue national security here. Instead, the government must somehow argue that it must protect the rest of the world from its own citizens.
5) The program is overly broad and only targeted to a selected group of US citizens. The government would have great difficulty, with the abundance of data available today, showing that sex offenders as selected group are of a greater risk to citizens of foreign countries than other US citizens with murder, robbery, drug, and organized crime/ gang convictions who travel abroad.
6) DOJ/ DHS have brutalized people with the Adam Walsh Act. This certainly must not continue. There are three recent immigration federal court cases decided this year that make it even worse for US citizens with certain convictions and their especially their families or loved ones. Here is a must read link for those with foreign spouses/ family members if you don’t know about these three cases decided earlier this year. At will under AWA, the government can reach into one’s past and destroy their entire family (the very ones that AWA is supposed to protect):
http://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2014/05/29/the-bia-39-s-adam-walsh-act-trilogy-because-we-can.aspx
Maybe non-transparency is the government’s tactic to preventing legal challenges to their illegal/unconstitutional travel restrictions.
It’s really hard to sue over something that isn’t well defined and that we can’t seem to get clarity on.
Maybe the FIRST step to fixing this assault on our freedom of travel is to challenge the lack of transparency. Any reasonable court would agree that if you are putting travel restrictions on a certain class of people, there needs to be at minimum CLEAR GUIDELINES as to who is targeted and what exactly the process is. This seems basic. It is completely ridiculous that we have to sit here hoping for people to contribute their personal accounts (which I do thank the people who are giving us these accounts because at least it gives us SOMETHING to know what’s going on) so we can try to piece together what the specifics of this “law” or “policy” or whatever the hell it is.
I’d really like to hear Janice or someone with a legal background weigh in on this, as it seems like it is slowly but steadily getting out of hand the way the “residency restrictions” did. We can’t wait for this to balloon to the point where our travel is cut-off.
I would even be willing to write to someone and ask for the rules regarding these “flags” to start a paper trail, but I don’t even know WHO to write to!?
Is your social security number the identifier on passports? Or name / birthdate? Some other number?
If you lose your passport and get a new one I’m guessing you’re still linked? What if you change your last name?
My husband won a trip to Costa Rica that must be used by next July. His coworker also won. The coworker wants us to plan the trip together.
The problem? I’m a SO but off the registry (10years, tier 1) in my state.
I don’t have an obligation to notify anyone but I think Costa Rica scans interpol data on everyone?
I really want to go but can’t risk my husbands job / reputation by being tossed out of a country.
Ugh.