ACSOL’s Conference Calls

Conference Call Recordings Online
Dial-in number: 1-712-770-8055, Conference Code: 983459


Monthly Meetings | Recordings (3/20 Recording Uploaded)
Emotional Support Group Meetings

ACSOL

Janice’s Journal: Registered Citizens Trapped in U.S.

Registered citizens are being trapped in the U.S. by the federal government. They are not allowed to travel overseas for business reasons, to visit family members, or just to relax on vacation.

The reason given for this entrapment is to prevent the international sex trafficking of children. We do not support international sex trafficking of children which is a heinous crime. However, the U.S. government is overreaching in the methods it uses to address this real and dangerous problem. That is, the U.S. government is targeting virtually all registered citizens who attempt to travel abroad. It matters not that their offense did not involve a child or occurred decades ago and hasn’t been repeated.

The U.S. government is preventing registered citizens from traveling overseas in a number of ways, including reviewing the manifests for international flights. If a registered citizen is found on such a flight manifest, U.S. government officials provide a written warning to the country into which they are traveling. The receiving country, in turn, does not allow entry into that country and in fact immediately deports the registered citizen.

This all happens with no prior notice to the registered citizen and/or those who are traveling with him/her. Deportation of a registered citizens is embarrassing and expensive at the least and a violation of his/her constitutional rights at the worst.

Where is the due process guaranteed for all citizens by the 14th Amendment to the U.S. Constitution? If a registered citizen is not allowed to travel outside the U.S., then the U.S. government must provide that citizen with a hearing during which he/she can provide evidence that he/she is not involved and has never been involved in international sex trafficking.

In the absence of such hearings, registered citizens have already been denied entry into may countries, including but not limited to, Mexico, Canada, Japan, Brazil, Argentina, the United Arab Emirates and the Philippines.

In one such case, a registered citizen is being denied re-entry to the Philippines where he moved 10 years ago and subsequently married, started a family, initiated a business and purchased a home. He left the Philippines a year ago for what he thought was a 30-day business trip to the U.S.

Several decades ago U.S. citizens, including U.S. Supreme Court Justice William O. Douglas and author Arthur Miller, were prohibited from traveling abroad because the U.S. government determined their overseas travel was “not in the interests of the United States”. Fortunately, the U.S. government corrected that problem long ago.

It is now time for the U.S. government to correct the problem it has created by preventing overseas travel by registered citizens. The U.S. government must either allow registered citizens to travel overseas or conduct hearings that provide registered citizens with their due process rights.

– Janice Bellucci

Read all of Janice’s Journal

Related:

Tag: International Travel
International Megan’s Law / RSO Travel Issues
(ICE / Interpol procedure)

We welcome a lively discussion with all view points - keeping in mind...  
  • Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  • Please keep the tone of your comment civil and courteous. This is a public forum.
  • Please stay on topic - both in terms of the organization in general and this post in particular.
  • Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  • Please take personal conversations off this forum.
  • We will not publish any comments advocating for violent or any illegal action.
  • We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
  • Please refrain from copying and pasting repetitive and lengthy amounts of text.
  • Please do not post in all Caps.
  • If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
  • We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  • We will not publish any posts containing any names not mentioned in the original article.
  • Please choose a user name that does not contain links to other web sites
  • Please send any input regarding moderation or other website issues to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 
69 Comments
Inline Feedbacks
View all comments

Has anyone challenged this practice? If challenged, would SCOTUS support this heinous violation of rights? Where is the ACLU on this?
I also have to wonder what the government’s ulterior motive is in preventing registered citizens from leaving the country?? There has to be a profit motive somewhere. Scary…

ACLU doesn’t like sex offenders. They’ve never been a friend on this issue. They believe in civil liberties for everyone but registered citizens.

It sure does seem that way. The only times I can recall seeing the California ACLU involve is an issue affecting registrants is when the issue overlaps into non registrant ground.Other than that I don’t think we are worthy of their attention; in California at least. I do see the ACLU in other states standing up for our rights, and doing a good job of it in many cases; you just don’t see that here in the stupid state – west.

NotLikingCalifornia, I have to agree with you on that. The ACLU has mostly been a no-show on the issue of civil rights for registrants.

The motive is simply hate.

Bingo! They are consumed with hate. (I can see right through all this so-called “diversity and sensitivity” training). Not to mention they are hell bent revenge, retaliation and having “less than zero” tolerance or sympathy.

“Oh, we just can’t open the floodgates with these people..”

PATHETIC.

I completely agree. I think they are hateful, immoral scumbags. F them. I pray they die. I will be at war with them until I win. That is what they get just so they can have their little jollies by having me on their idiotic list. They’ve been paying dearly for it for well over a decade and it will continue. They say I’m a problem so I’m going to be the biggest one I can possibly be.

All I’m saying is that the ACLU can’t be all bad if they allow the CARSOL to have our meetings at their office is LA. We don’t want to bite the hand…

Will Allen I like your style and totally agree with every word you say…I have said over and over that is a war and we are seen as the enemy by our own government! Well, they started this war so lets make some noise and wake them the F UP!

I agree. The ACLU is an organism that cares only for its own survival, fed by bleeding heart liberals out of being guilty of their own affluence. They know that if they come take up our cause then they will lose their good guy badges. My wife is in China as I write this letter to all of you. I did not try to go with her out of fear of being sent back and embarrassing my new family. I do believe that we may have some chance for change with Rand Paul. He has ideas on changing what he… Read more »

This one will be tough to defeat.

The US government will maintain that they are simply sharing public information that the receiving country is making the decision to refuse entry, not the United States.

Well it certainly violates the rights of those who are NOT subject to public disclosure. Many of us registrants are not on Megan’s Law websites. There are no notifications for our neighborhoods. We are simply known only to LOCAL law enforcement in the cities we reside.

@NPS – you make a very good point. Those are not considered enough of a threat to inform their neighbors who are living on their block 365 days a year, but foreign countries half way around the world must be warned when they go visit for a few days.

Sounds indeed like some kind of twisted Equal Protection argument…

Absolutely true that this is precisely the claim that the oppressing entity will make. I think the very challengeable nuance is the nature of the text in the notice. My understanding is that they are not simply sending notice that the person has some past conviction, but that the person is likely traveling with intent to commit a sex crime. Such inflammatory statements have the same functional effect as banning travel outright. Damaging statements made in complete absence of any due process to contest the false claim is completely unconstitutional. This must be challenged at some point. Hopefully a fund… Read more »

Hard to beat–just sharing information? I don’t know…This info apparently is only directed at a specific group of Americans and only applied to a specific classification of crime.
To target a specific group of citizens without due process wreaks of corruption and moral turpitude.

Again, like Justice Roberts said “Registering is just like getting a membership to Costco” I didn’t know my membership to Costco came with a travel ban.

Good point about them only forwarding PUBLIC INFORMATION but the point is that there should be NO PUBLIC INFORMATION!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Once you have done time and or done your probation or whatever then all civil rights should be restored. They should NOT send out information (they do not do that for other past offenders) NOR should it be done stating that we intend to do more SEX CRIMES when we travel!!!!!!!!!!!!! These A-holes can’t even balance the budget so how can they possibly see into the future to predict what an individual (and each of us IS still an individual regardless… Read more »

Wake up and DO something about the hate and prejudice!

Well Timmr – I am not a lawyer so you tell me what to do. Would you mind doing that? Got any bright ideas I should try? I am all ears…

I have publicly stated that I WILL be a part of ANY legal action taken by ANY lawyer who needs RSOs to represent to challenge these and any other laws related to sex offender limitations.

I have yet to be contacted.

You can start by reading some recent posts linking to a class action suit.*

Don’t expect anyone to contact you personally. It’s pretty self-centered of you to think anyone will go out of their way just for you. Frankly, your posts to this site have been anything but helpful to the cause. If you’re going to talk the talk, then I suggest you start walking the walk. Otherwise, take your negativity elsewhere.

*Post Script: I thought about providing the link to this post, but then that would completely defeat my second paragraph.

You call it being negative. I call it being realistic. Don’t tell me to go elsewhere. My speech is limited enough without people like YOU trying to silence others simply because YOU do not agree with the viewpoint! I do “walk the walk” and I have personally contacted many lawyers with no luck. The reason (since it is not clear to you) that I have posted my willingness to be part of any legal action is precisely because I am NOT AFRAID to have my REAL name used (ask Janice) and I therefore would like any lawyers who might be… Read more »

I am no expert but I think you are missing the point. Unless you just dumped a cup of hot McDonald’s coffee in your lap NO lawyer will contact you and offer their services.

Here is a good place to start:
http://www.avvo.com/civil-rights-lawyer/ca.html

I find it very hard to believe that not one of these legal professionals would be willing to take your case. What seems to be the stumbling block?

There are a lot of bright ideas offered on this site, but maybe you hear what you like. Join the WAR effort. Hold up a sign. Write letters to the legislature. Write letters to newspapers. Testify before government bodies, contribute money to those who do these things for you. If you are looking for something grand and glorious, like the lawsuit that ends all registration laws, my instinct is no one will help you at this stage. This is not a movie script. Lawyer comes in and saves the Constitution and the world. It’s real life. I’m not anything like… Read more »

Thank you for your comment Janice.
Long ago I learned that morality and fair play go hand in hand.
And as you point out, our pride in our Constitution and American freedom is only consistent with our adherence to a system of due process.

Janice, who would I contact to help me with travel to Europe (Paris) and a cruise to Alaska stopping in Canada, requiring a passport for booking and reentry? How can I find out in advance before booking the vacation? Has anyone brought this issue before the courts as of yet? This may be an area of victory for our constitutional cause! I’ve been registering in southern California for 33 years and just want to retire with some travel…. Thank you for all your efforts and May God pour blessings upon you and your family.

Please contact attorney Chance Oberstein at 949-365-5842 as he has experience in this area of law.

thank you Janice, i will contact Chance.

Canada does not allow ANYONE in with a felony or even misdemeanor DUI.

Not entirely true. My former attorney told me that after 10 years with a clean record, you can petition and be allowed into the country.

More information about petitioning Canada for rehabilitation and entry after a criminal conviction can be found here:

https://all4consolaws.org/2013/01/international-travel/

In defense of our Canadian neighbors, their rules are harsh but at least they apply to all criminals as opposed to singling out one unpopular sub-set.

Does anyone know if they are targeting all registered citizens? I had a battery at a massage parlor that’s since been expunged?

Well, for starters, the feds do not recognize a California “expungement.” So that doesn’t help you with them. Heck, California doesn’t even recognize it for registrants, makes them register anyway. California used to let you stop registering once you get an expungement.

I concur. This is absurd! I plead to a battery/non child related almost 20 years ago/expunged! I have family on a foreign country and a bit paranoid with purchasing an airline ticket and being turned away.

Janice, would you permit the re-use of what you have written? I would like to share this with my congressmen.

Anyone who wishes to use this “editorial” has my permission to do so provided that it is done in a constructive manner.

Thank you so much Janice!
I have sent this article to Rand Paul in hopes that it would help him to understand what our government is doing to us and what kind of America we have to live in.

This program is supposed to combat international sex trafficking. Sex trafficking has a very specific definition, which the United Nations defines here: http://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html. Sex trafficking is not equivalent to sexual abuse or sexual assault or viewing child pornography or many other sex crimes. To take away the right to international travel of all 820,000+ registered citizens, rather than just those who have been convicted specifically of sex trafficking, is the equivalent of taking away the licenses of all drivers who have traffic infractions, like those with speeding or parking tickets, in addition to those who have drunk-driving convictions. It’s just… Read more »

I’m sure a father taking his wife and kids on vacation has already planned to conduct a sophisticated criminal operation in between taking them to the museums, historic sites and otherwise trying to enjoy their time together.

Thank you Janice for your editorial and speaking out on this important issue.

A troublesome aspect of this program is the fact that it was conceptualized and put into place by the DOJ SMART Office – the same office responsible for providing SORN guidance to all U.S. jurisdictions. The very same office that should be responsible for clarifying the truth of empirical data concerning the lack of any connection between the people listed on the registry and exploitation of children abroad. Instead, this office sits back and allows law-makers to believe they are making a difference in combating child exploitation with this program. There is no empirical data that shows registered citizens of… Read more »

This is based on a single or additional instances when a registrant broke the law overseas. The natural course of action is to drag 750,000 through the same knothole for funding and more of the same 25 year old rhetoric and distortions that crafted these draconian and sinister instruments decades or scores ago. Another win for big business and big government.

It seems are being punished retroactively for things other people did from what I can tell. this is key argument and has to be a breach of our constitutional protections, especially so long after the fact in most cases.

Steve: I’ve actually visited Canada 3-times! My charge is expunged. Although, when re-entering the US, I’m stopped and the run me

Actually, the US government is NOT preventing registrants from traveling overseas, at least not directly. They are simply sending info, not telling the receiving country to send them back. But we have multiple reports on this Website about the content of the information they are sending. That content certainly is legally libel! They apparently are sending very little about the offense, maybe simply saying a “sex offense,” and not clarifying that it was just misdemeanor indecent exposure or whatever it might be nor that it might have been 30 years ago. AND, they are adding that the person is traveling… Read more »

In preparing for a legal challenge of this notification it would be important to collect copies of the notices sent out for a number of people who have been barred from entry to another country. This can be done by requesting a copy of the notice under the Freedom if Information Act. There are websites to help with this. A collection of 20 to 100 such notices would be enough to establish what kind of a pattern guides the emission of such notices. Do we really know that they are sent out for every registrant traveling out of the country?… Read more »

A more direct way would be to get the policy that is controlling this – that would be a written policy that could be obtained.

We can not even ride our bike or run across the USA like Forrest Gump.
We don’t have that freedom with out fear of being arrested for failure to register

You are correct and this is in direct violation of the Universal Declaration of Human Right’s

http://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights

http://en.wikipedia.org/wiki/Freedom_of_movement

From the above article: “A citizen also has the right to leave any country, including his own, and to return to his country at any time.”

Clearly the United States Government is violating this.

Some of us, such as myself would love to leave this country and never come back. I can still operate my business from afar, where there are no registries. I know of places where the weather is nice, the people are awesome and believe that a persons past doesn’t make up who they are.

If they (our government) don’t want sex offenders anywhere in the United States (as seen by all the crazy laws), then why not let us leave and ban us from coming back? I’d be totally cool with that.

This issue does not only affect California, or the USA, it affects anyone who can be subject to an Interpol Green Notice. I am a UK RSO and I am required by law to inform the police of any foreign travel, thus I suffer the same notice being sent about myself. I have never had any intention to travel to commit any crimes and it is a breach of my human rights to say I am traveling with intent to commit further sexual crimes. Please focus on this issue as it affects Millions of people throughout the world. George. UK… Read more »

Have you been denied travel, mobility or have been prevented from entering another country? Do you have any specifics on what countries you have successfully visited?

I know that vacation packages are a good bargain for seeing historic sites in Europe but I haven’t even considered taking my family on such a tour for fear of our vacation being ruined and all of us subjected to further shaming and humiliation.

Has anything changed with regard to residents of other EU countries being able to enter the UK that you are aware of?

Hello George

What level RSO are you in the UK, crime? Can you travel within Schengen countries presuming you have a UK Passport? Are you sent back, denied residency etc?
Thanks

Are we to believe that the 7th amendment is for everyone BUT sex offenders? ” the right of jury by trial shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in ANY court of the united states than according to the rules of common law.” For those who were tried, convicted, and sentenced in accordance with the in place at that time, how can it be possible to have a “hearing” in a court, for a judge to decide what else shall be required of this person. After the sentence is expired there is no… Read more »

out of Maine – CRIMINAL LAW: Punitive Effect of Retroactive Application of Sex Offender Registration Requirements http://www.nlrg.com/legal-content/the-lawletter/criminal-law-punitive-effect-of-retroactive-application-of-sex-offender-registration-requirements the court found that the duty to comply with SORNA had been imposed on Doe without a judicial trial (another requirement for a bill of attainder) because at the time Doe was sentenced, his crime was not deemed to be a sex offense and, thus, there was no judicial determination that Doe was a sex offender and no judicial order incorporating the registration obligation into his criminal sentence. Finally, as to the other requirement for a bill of attainder, the court found that… Read more »

The punitive effect of sex offender registration is so clear, that a blind man can see it. The courts can not bury their heads in the sand of denial much longer.

Well said Harry but it seems the registry has become a religious entity unto itself united by dogmatic leaders with their own holy book of truths and revelations. Anyone who is not a true believer is in league with the forces of evil and must be expelled from the new kingdom of the righteous. Sex offenders cannot be saved or forgiven, they can only be controlled by the force of the all-powerful Registry. Even the traditional church bows down to this all knowing all seeing omnipotent Entity. They along with legislative leaders and judges have learned not to speak blasphemy… Read more »

Yes, the holy Registry does follow the Puritanical canon of four centuries ago, that some are born damned, and the only thing to do is to banish or otherwise eliminate the damned from society. The new enlightenment is way past due.

By notifying countries of a sex offenders arrival you will be restricting some sex offenders from entering countries where what they did was not even a crime in that country! The age of consent in mexico varies greatly from 15 to puberty. My crime wasn’t a crime in any part of mexico yet I cannot travel to that country now because of our shameful government.
I can’t travel to canada yet at the time in 2005 my crime in the US was not a crime in canada, that seems to be a retroactive punishment.

Class action lawsuit planned. We all need to support/ join this effort, maybe this can lead to a national effort.
https://www.womenagainstregistry.org/

I have been posting the link to W.A.R. on any and all posts that I can find. Everyone should be doing the same. The more people the louder the voice.If not now, when? If not you, who? Take charge and fight for a change and get rid of the registry.

Janice thank you for this informative article.

My family has scheduled a 10 day vacation at a timeshare in Cabo San Lucas Mexico. I am a registered sex offender from an offense in 2000. I have a US passport and an otherwise glean record.
Should I anticipate any problems once our flight arrives in Mexico?
Does it help to make pre-arrangements with the consulate.

Please advise

Thank you again

Based on what others have experienced it is likely you will be sent back…unfortunately.

Do not get on a US plan to Mexico as you will be sent right back home. You can drive there or take a bus you just can’t fly there from the US.

Forget about trying to obtain your visa stamp at the Mexican Consulate. The minute you get on a US plan headed anywhere internationally, you’re outed by Home Land Security. Get on a bus in TJ a few days before the family fly’s down (oh and have a few cold one’s on the way) and meet them at the Cabo airport. You can fly back with them just be ready to be detained for about a 1/2 hour or so back in the good old U S of BS. “They can beat us down but it is not over until we… Read more »

I am a 290 registrant and have worked in the swimming pool industry for 15 years. I’ve been promoted to general manager of our company, and need to get a Contractor’s license, which will require a background check and fingerprints.
Am I automatically barred from obtaining this license?

Thank you.

@ Alex,

I just browsed the ABA Collateral Consequences of Criminal Conviction website:
http://www.abacollateralconsequences.org/

I did not see an outright ban on a contractor license for sex offenses. There may be limitations with whom your company may be allowed to contract with, such as public or private pools where “swimming classes” are held. Possibly even senior centers where pools are used for “physical therapy”. This is just my interpretation, there could be something I’ve overlooked and I’m not an attorney. It is certainly worthy of more research.

Postscript: Congratulations on your promotion!

Congrats Alex. Don’t quote me, but go onto the California Contractors license website. I believe registered citizens are banned from licensing. I hope I’m wrong! In some cases, based on the applicant’s criminal record, CBU may offer an applicant the opportunity to be issued a probationary license in lieu of denying the license because of a criminal conviction. The issuance of this probationary license is authorized by subsection (e) of Business and Professions Code section 7073, which states, in part, that in lieu of denying a license, a probationary license may be issued with terms and conditions. It is a… Read more »

You probably have this, but here is a link the the PDF that contains virtually everything anyone needs to know about California contracting and the law: http://www.lexisnexis.com/clients/caagencylaw/CA_Contractors_2013.pdf Specifically, here is an excerpt from “Denial of Licenses” (page 283) “Denial of Licenses § 480. Grounds for denial; Effect of obtaining certificate of rehabilitation (a) A board may deny a license regulated by this code on the grounds that the applicant has one of the following: (1) Been convicted of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a… Read more »

The key word is “may” not shall. I would try for it, Alex. On the application there is a section where you have to explain the crime and what you have done to prevent it from happening again. If you succeed, be the most honest and law abiding contractor there is. The License Board has organized unlicensed contractor stings and they make a big deal when they find someone working without a license is also on the registry. That looks bad for us when that happens.

69
0
Would love your thoughts, please comment.x
()
x
.