The federal government filed a Motion to Dismiss the IML lawsuit this week. The government’s motion is based upon allegations that the plaintiffs in the case lack standing and that the challenge to the addition of a unique identifier to passports is not yet ripe.
“The government’s Motion to Dismiss the IML lawsuit must be taken seriously,” stated CA RSOL president Janice Bellucci. “The motion, however, is not based upon legal precedent but instead upon wishful thinking.”
In its motion, the government argues that plaintiffs lack standing because “they do not face a certain impending injury”.
“This argument ignores the reality that all individuals to whom the IML applies will face significant risk of physical harm as well as be denied their constitutional rights both due to notifications sent to foreign nations as well as passport identifiers,” stated Bellucci.
The government also continues to argue in its motion that the issue of adding a conspicuous unique identifier to passports is not ripe because the government has not yet decided what symbol will be added to the passports or the placement of that symbol.
“Regardless of the symbol or its placement, the passport identifier will falsely identify individuals as people who have engaged in or are likely to engage in child sex trafficking or child sex tourism,” stated Bellucci.
The response to the Motion to Dismiss is due no later than May 2 and the government has an opportunity to respond to the reply no later than May 9. Oral arguments on the motion are scheduled for June 22 in the U.S. District Court, Northern District, Oakland.
Motion to Dismiss (Defendant / US Government)
Motion to Dismiss – Opposition (Plaintiff/ John Does 1-4)