On Monday, February 8, 2016, President Obama signed HF 515, and it became Public Law 114-119, known casually as “International Megan’s Law” (IML). The very next day, Janice Bellucci, a civil rights attorney and President of CA-RSOL, filed a legal challenge in Federal Courts in California, citing constitutional violations of the First and Fifth Amendments, and the Ex Post Facto Clause. After careful review of the intent and apparent effect of this new Public Law, and the arguments raised in the legal challenge, it seems IML is not only unwarranted, but establishes a dangerous precedent. Full Article
Related posts
-
CA Dept. of Justice Changes Registration Form, Misstates Federal Law
The California Department of Justice (CA DOJ) recently changed the state’s registration form (CJIS 8102S). In... -
International Megans Law as Compelled Speech
“The bearer was convicted of a sex offense against a minor, and is a covered sex... -
Rep. Smith Meets With Trump; Says Int’l Megan’s Law Is Working
Your local congressman, Rep. Chris Smith (R-NJ4) held a press conference with U.S. Dept. of Transportation...
This “evidence lacking” is proof that this is a monumental pile of BS.
“With evidence lacking that the 840,000 current US registered sex offenders are engaged in an international child sex trade, IML has turned the noble intentions of Operation Angel Watch into a blacklist for US registered sex offenders.”
Kind of makes receiving a COR a symbolic statement and waste of time for those wishing to travel.
“IML requires notification of international travel for most US sexual offenders, regardless of whether they are currently on a sex offender registry (inconsistent with the stated intent).”
How can this be done if registration is civil and not punishment?
Violations of IML have severe penalties. When a registrant applies for a passport, they will be required to disclose their registration status. (IML, Sec. 8 (e)) A registrant who knowingly fails to provide information required for international travel, and engages or attempts to engage in the intended travel, in violation of IML, is subject to fines and/or imprisonment for up to ten years. (IML, Sec. 6, (b))
If only 16% of us have been caught and convicted, then other nations have no choice but to assume that an American passport indicates someone traveling for the purpose of raping children in foreign lands.
The realization that someone who planned and aided the death of 3000 Americans has more freedom, dignity and respect from the American people than someone who finger-banged a 17 year old really hits hard.
So, in a nutshell… RC’s are no longer protected citizens of their own gov’t but aren’t allowed to leave for the safety of potential victims that aren’t American citizens? I believe the term used in the Rwanda Genocide was “Cockroach” is that what I am now getting from the very Gov’t I pay my taxes to? Talk about taxation without representation. 🙁 I have to admit, just the notion that they have even presented this and for Obama to sign it into law, is extremely discouraging. js
The absurdity of this unnecessary law is blatantly obvious to anyone who is a thinking rational individual.
Unfortunately that rules out anyone involved in the government by default.
Sex offenders are used as pawns for political gain and nothing more.
Children are the LAST concern of the corrupt officials who use this sort of boogeyman tactics to manipulate parents and others…
It is time to see reality as it is and that is that our own government has forsaken us and that they have become hostile against us – they have become the enemy. We have to use the same attitude and stance as they have forced on us. FIGHT
TiredOfHiding is right, the fight is on, whether this effects all of us is not the point any longer. WE must all come together and make sure Janice and her team have the funds regardless of what we may have to do without at this time. Go out on the streets and beg for it if you have too, pickup cans,metal whatever. We cannot win if we do not fight, the time has come to not take any more crap from these people.
Remember… This is possibly the gateway to re-opening the entire registry law as a form of punishment. This is so much bigger than travel. It’s so much bigger than a vacation , visiting friends and family. This could ultimately be life changing for everyone. That’s why Janice needs donations. I apologize if I sound like the “fundraiser” but this decision can ultimately alter registration as well.
Operation Angel Watch , in a recent report , states “Since 2003 HSI arrested 280 child sexual predators for traveling to a foreign country and engaging in sexual activity with a minor”. We are talking 280 cases out of almost a million people. This is pure insanity!
I’m waiting to see the first post from someone who has returned from overseas and has had their passport seized by US Immigration while returning to the US.
A problem with International Megan’s law that I have not seen brought up is a issue involving Native Americans. I am Native American and don’t need to get Obama care because I use Indian health services. When I go see the doctor or dentist I show my tribal ID card and it also acts as a passport. If my tribal ID is stamped…. Sex offender it could harm me in getting medical care when and if necessary.
My crime happened almost 15 years ago and it seems very harsh seeing I don’t have enough money to get out of the city let alone be a world traveler seeking out to do human trafficking. lol
Why on earth punish me for something I have nothing to do with? (Human trafficking)
PK. I will be back in the states on March 4. I usually fly into San Francisco. I will let you know what happens when I go through CBP inspection
All are welcome to attend the hearing as well as the press conference after the hearing. The time and location for the press conference will be announced later. If the motion is denied there could be acts of civil disobedience. More details to come.
Timmer Native Americans can use tribal ID as passports. It’s called a enhanced tribal ID. Native Americans are not required to get Obama care if we use Indian Health Services for health care. Tribal ID is used for everything. Purchasing gas, food, dentist, buying a home, renting a home, car purchase. Stamping sex offender on a tribal ID would be devistating because a Native American uses it for everything. Even going to school or vocational training requires showing tribal ID.
In a government effort to segregate Native Anericans they encourage us to live within seven counties of our reservation in order to qualify for many social programs. Imagine if Medicare or Medicade mandated you live within seven counties of a home range.
I always have said….. The government often tries out things on Native Americans first. I live near Flint Michigan and everyone is mad about the bad water while 60% of Navaho families have had bad water for decades. My crime didn’t happen the way they said it happened. Lie after lie was told about me. I was drunk decades ago and patted a fanny in public and the end result was the sex offender registry. I marvel how most the public doesn’t trust the government until it comes to the sex offender registry. The government told the people of Flint the water is safe when it’s not then told the public I’m dangerous when I’m not. Seems the government has a serious problem with being honest. They tried to save money and hurt a lot of kids with bad water. They been doing it to the Navajo for decades. Google…. Navajo bad water. Lots of dead kids and no one cares.
On travel I’am a SO with a misdemeanor 314.1 conviction in ca.and have not ever been on a cruise, I was wondering has anybody THIS year 2016 gone to mexico or the bahamas cruising,with out or with a problem. I would be willing to find out how this works but I can”t believe, I live in the US and do not know my rights, or know how to find out????
BZ
I traveled to Dublin, Ireland in January 2016. I did my homework beforehand, contacted the Irish Consulate, and they told me that because my S.O. conviction was from over 15 years ago, there would be no problem with me getting into Ireland, as long as I didn’t cause any trouble there. So, I bought the ticket, planned the trip, etc. No problem getting on the plane, nor any problem with transferring to the Dublin flight in Newark. However, when I landed and went through Immigration in Dublin, I was pulled to the side, asked about my trip, and then informed I would NOT be allowed into Ireland. They gave me official paperwork which says that any person convicted of a sex offense which results in a sentence of more than 1 year cannot be permitted into Ireland — permanently. Specifically, “the non-national has been convicted (whether in the State or elsewhere) of an offence that may be punished under the law of the place of conviction by imprisonment for a period of one year or by a more severe penalty.” I received a second piece of paper which informed me that according to the Immigration Act 2004, “the non-national’s entry into, or presence in, the State could pose a threat to national security or be contrary to public policy.” I had originally planned on spending two months in Ireland, and then hopping on a plane to Paris for the rest of the summer, but they wouldn’t even allow me to do that. They forced me to return to the United States, where I breezed through immigration in less than 15 minutes, no questions asked.
The reason I was denied entry into Ireland is because the United States sent my criminal record to Ireland electronically before I even left the United States, with a “suggestion” to deny me entry. Even when you are not on criminal supervision, all sex offenders are required by United States law to inform the U.S. Marshals Service of any intended travel outside the United States, at least 30 days prior. You have to go to your local law enforcement agency, and that agency fills out a form online, the “Notification of International Travel” of a sex offender. If you don’t submit the information, it’s a federal felony offense. The Marshals Service then sends that information to whatever country you have said you plan on traveling to. The U.S. government CLAIMS that it’s just for notification purposes, but we all know in reality that it’s just another way to continue the witch hunt.
The President signed the IML bill on Feb 8, and there was a provision to give the agency up to 90 days to get ready, upon which the law would be implemented. The 90 day period expired sometime last week. Does anybody know if the IML is now implemented as law? What are the all-important details?
james: I wonder if you could have traveled to a country that would LET you in, and then travel a day or 2 later to ireland, this way ireland wouldnt know your coming, and you did your duty to the lame evil us government and notified them u were traveling (to the other country)…
I doubt there is some clause that you have to tell them every country you goto or go through, plus people’s plans change “last minute” emergencies etc. although your probably burnt on going to ireland. Maybe the US Govt should pay you for your return ticket since it was them that caused you to be sent back !
See my comment in International Travel after IML on May 9. At Heathrow they make you return the same day and on the same airline to the exactly the place you flew in from. I thought I could have been granted entry into France and wanted to take a plane from London to Paris, but no. You pay the full “day of” fare on the airline — over $2000 one way for me and my wife. You are required to report your itinerary to the police before you leave, including all the places you will go. Of course, if you are traveling to Europe (Schengen countries not UK/Ireland), you can just report the first place of entry and once you are in you can go anywhere and there’s no passport check or stamp. Please let’s here from people who traveled to Europe (France, Germany, Italy, etc) on recent experiences. I believe they don’t give a shit about the US sex offender registry.