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ACSOLGeneral News

Federal Judge Dismissed Challenge to IML

A federal district court judge today granted the government’s motion to dismiss a challenge to the International Megan’s Law. The law, passed by Congress in February, allows the federal government to notify foreign countries that a registrant whose offense involved a minor is traveling to that country and requires the federal government to add a conspicuous unique identifier to their passports.

“Today’s decision is a travesty of justice,” stated ACSOL president Janice Bellucci. “As a result of this decision, registrants’ lives will be placed in danger and their ability to conduct business overseas will be halted.”

A fundamental disagreement between the parties in the case is whether the addition of a unique identifier to a registrant’s passport will convey a fact or an opinion. According to the government, the passport identifier reflects the fact that the individual has been convicted of a sex offense. According to the plaintiffs, the passport identifier reflects the government’s opinion that they are likely to engage in child sex tourism or child sex trafficking.

“Although today’s decision is a significant setback, we will file another lawsuit challenging the IML,” stated Bellucci. “The next lawsuit will be filed this calendar year and could be filed in another state.”

Order to Dismiss

Related

http://www.courthousenews.com/2016/09/26/judge-dumps-passport-scarlet-letter-fight.htm

http://www.sfgate.com/nation/articleComments/Judge-rules-against-sex-offenders-in-challenge-to-9289279.php

http://abcnews.go.com/Health/wireStory/judge-dismisses-lawsuit-sex-offender-passport-marker-42319842

https://www.washingtonpost.com/lifestyle/travel/judge-dismisses-lawsuit-over-sex-offender-passport-marker/2016/09/23/343a4a4c-81f0-11e6-9578-558cc125c7ba_story.html

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I wish that Janice or a lawyer could address why the judge dismissed “with prejudice” if the case is not yet ripe? Does that mean that when the case is ripe she has already determined that nothing changes? I do not understand at all.

Mike, I’m completely confused by that also: “Dismissed With Prejudice”

We have the numbers, the technology and the incentive to make international travel just as dangerous for all Americans as it is for us.

But do we have the guts?

All Americans should be considered child molesters when they travel because our own FBI(DOJ), has on their own website that only 16% of sex offenders are ever convicted. I think every nation must think hard about those numbers and seriously ponder whether there is any benefit to allowing Americans to roam free and to possess electronic devices while in their country. If only one child would be protected from an American, then the cost is worth the reward.

If a nation is so packed with deviants and perverts that they have to have a public registry, banishment, exile and home verification raids, and ONLY 16% of them are ever caught, then the people of that nation should NEVER be allowed to enter another nation and if they do, they should be subjected to harassment, physical assault and death, as is befitting what the common American pig dog wants to do to us.

I say we work to make it dangerous if not impossible for any Americans to leave the US.

Only 16%?

My case was a CP case involving images of 15 – 17 year old girls found on a popular website that had the “all models are 18+” warning. Pretrial, we documented that according to Google Trends, the search term of this website’s name was about as common as the search terms for the names of most NFL Football teams.

The DAs that push these CP cases get to have it both ways
If the persons depicted in the images found on your computer look underage (although the link says 18 and up) you still get charged. If a link or title mentions anything indicative of cp, and the images aren’t found on your computer due to deletion, DAs are still allowed to use suggestive titles & links as evidence in court. That’s how my case went down

And Renny,
You make a very valid point. I’m of the feeling that those who scream the loudest both in law enforcement as well as in the courts and within legislatures, are a large part of that
84% who are not yet on the list and may never be caught.

hey no more Alaska sounds great…I’ve been researching the gun laws and registration laws but can’t find any definitive answers…can a felon own a gun?? what are your reporting requirements??? does your property have a permanent address do you go to town often and you mentioned your red neck neighbors…do they or others hassle you…and don’t the state pay you a couple of thousand a year just for living there…do you hunt your own food???just curious man..oh and are you on solar panels or a generator and how are you online?? through satellite or somethinh?

also how much property do you have up there??? we should get a bunch of us who are similar in character and intelligence such as ourselves and start our own damnnn community where we all help and protect each other..get a community well put in some type of power station such as a commercial generator like my buddy just got for free from his work and solar and wind…community hunting trips and gardening plus gathering expeditions….man siunds like utopia….

man I still hate this new format it isn’t anything like the old carsol…it suckssss…we have to censor our comments to only narrowly focus on the topic and disrupt any flow of information and conversation associated with the topic just because a few disruptive individuals can’t keep their personal attacks and agendas to themselves and demand that i only post what they think is acceptable…its sad… and I can’t even find the general comments section anymore…

I wish for once you would say something positive about this site. Your constant negativity makes me not want to read you’re comments.

so f****** annoying

One day at a time… I totally understand where your coming from, I occasionally log on here off and on and every time I do this Mike r is complaining or griping in the name freedom of speech. He either bipolar or triple cms. Mike if you don’t like this site pick your pathetic a__ up and kick rocks and creat your own blog so u can nag as much as much as u want. Believe me u won’t b missed.

Personally, I like the variety of people on here.

There are those on both ends of the spectrum though. There are those easily enraged that don’t hold back or balance what they like and don’t like…and then there are those that just log on to praise Janice’s team with never a question or counter view. For me, I am much more annoyed by those that do no research, don’t spend time thinking about the issues enough to argue anything, and don’t question anything because those are the types of people that allow politicians to get away with anything and not question them too.

Mike R’s gripe, while maybe phrased a little harsh, is still valid. Perhaps it would have been better to tone it down a bit and provide a suggestion, but I hope the web admins here have thick enough skin to handle it. It really shouldn’t be hard to find the General Comments thread, and it definitely is not intuitive to have to search for it, especially if you are new and don’t even know it exists.

Could the admins create a link somewhere near the top that says “general comments” and by clicking would initiate the exact same thing as putting “general comments” in the search bar and clicking search? That way you will see the latest as well as previous months. I know this site is structured just for chronological news articles to be posted, and, in essence, the “October General Comments”, once created, is just another news article that will be pushed down the list over time otherwise.

Thank you to those that spend their valuable time administering this site.

My thoughts are that the website should be expanded.

I think that there should be a Menu Item or Permanent Thread if you will, which will not get buried over time, for those people who want to share both their Case Information, and or Travel Experiences.

It would be a cool feature to have a Drop Down Menu Item for Travel Issues Only. For example Instead of “Get Involved” I would have “Travel Experiences”

You click “Travel Experiences” and then select whichever region: “North America” “South America” “Central America” “East Asia” and so forth. Hovering any of those provides second list of options or Sub Links to drill down to individual countries.

The specific Threads to Mexico and Philippines and “Country Specific Threads” are getting buried over time by newer topics.

The Travel Matrix requires someone to manage and administer it. My idea does not.

Then don’t.

don’t read them,

Mike R, if you search for “General Comments” you can see all the General Comments pages for all months.

How did you used to get to General Comments? In a menu item?

oh and yes it is a issue when i cant even find the general comments section anymore…..

someone else mentioned it, but I’ll reiterate it here

1. go to the search function to the top right of the website.
2. type: general comments
3. click the magnifying glass to start the search.
4. it should bring up the general comments by the months threads, with the most recent ones at the top of the page.

I hope that helps.

I would of gladly did the search except there is no search bar that I see at least not on my phone but thanks for the suggestion it’s better than just calling me names and trying to belittle me

Mike R, on my iPhone I see the search field when I scroll way down past the articles.

Do you see it on your phone? If not, what make and model of phone is it?

Hamilton wrote, “Because the passport provisions are not yet in effect (and the procedures have not been finalized), plaintiffs cannot show a certainly impending injury.”

However, the US Government can send notifications overseas that “a certainly impending” sex offense will occur by RC’s traveling to other countries based upon a person’s history or because of a government provided label based upon history?

The US Government can actually make that case with fact?

No, I doubt the US Gov’t can do that.

If I read this correctly, this law covers any registered citizen, not just those who are convicted where a minor was concerned. They define the “covered sex offender” as anyone who has to register, not just those as mentioned above. Why not just pass a law that states that and avoid the grandstanding of making it sound like minors are the key to the law? Oh wait, votes…all about the votes with smoke and mirrors……

Additionally, I cannot find Sec. 240 of Public Law 110-457. It seems to stop at Sec 239 in the copies online through the GPO…..if someone does find Sec 240, please post.

thank you roger yes I found it

I read your questions. I’ll answer them when I get my site running. Didn’t want you to think I was ignoring you.

This has me terrified and beyond angry. I have a 16 year old conviction for a non contact offence against a minor. I served 2 years of house arrest and 8 years of probation (I was let off probation 2 years early due to no violations and exemplary model)

I had a foreign fiance’ whom I could not get a visa for to the usa due to the AWA, so after a initial visit to her country in 2009, I decided to move there and Marry her, I returned home, sold everything I owned and started an online business to sustain me, in 2011 I moved to her country to be with her . We were married and I now have a 4 year old daughter and 1 1/2 year old son with her. We are a happy family and I have been living in peace and harmony for the last 5 years outside of the USA with no plans of returning.

NOW this BARBARIC law gets passed! It took me by surprise, I have 3 years left on my passport and the department of state threatening to cancel or revoke it already.

Here is the Kicker, My Children are Dual Citizens…I could not get their Mom a visa bcoz of AWA (to protect her and any children from me) Well, these are my biological children, and I could IF I wished, Return to the USA with THEM and there is no law to stop that, but I can Not get their Mom into the country… I am damn near ready to cause an international incident by doing so, The US wont let the MOM in to “Protect” her from me, but the children can live with me? RIDICULOUS! If that happens I will call 20/20 and any National news organization that will listen to do interviews.

One thing not mentioned in the lawsuit defense is the fact that if you are an American overseas you need to show your passport ALOT to alot of different people for different reasons, not just Immigration when arriving but subsiquent visas, hotels, rentals,travel,hooking up utilities, buying property…I could go on forever.
Not only would I get deported if my past criminal record was known, but my life would Very Much be in danger and I would be subject to all kinds of mistreatment, Especially at the hand of the authorities!

This law is the epitome of Ex Post Facto law, and violates the most basic of my human rights. I want to emphasize that when I left the USA I gave notice to authorities, and I have done everything according to law, I am not in hiding, I am not a fugitive, I have not broken Any laws, I am well known in my area and live good clean law abiding life and I contribute to my community.

I know there are many others in a similar circumstance , some worse off, already separated from their families, This is a Travisty.
I will remain within the law in both USA and my host countries laws, but I will not let these new laws tear my family apart, I have felt in limbo ever since I learned about this IML passing, it is a nightmare, but I will not give up. This law is so horrendous that it seems surreal, I have just lived the 5 best years of my life, started a beautiful family and have been more sucessful every year, isnt that the goal of rehabilitation? These are Real Lives , if not for me than for my kids and wife, for who know how many other real families in the same situation, now scattering around looking for answers.. looking for a way just to be together. Someone has to help us.
Anyone else affected by IML, keep vigilant and keep faith.
Please Janice use my story as example or reminder, and thank you for all you have done in this fight. We need a voice!

Thank you for your story. These stories always make me cry. A grown man crying , but all that read this will understand. I doubt I will make it through to a new life, but I will keep hope for you and your family. Hold them close and don’t let go.

may i ask what country you are living in now? i am married since 2014 and have been to the philippines 2 times and am afraid i cant return and my wife is still there for the same reasons you and your wife arent here. i am sad and depressed most days because i am apart from my lovely wife

Hi Exiled. Your story is mine 🙂 Though the numbers are a little different.

I’m only a lurker here, since I too, successfully fled to my wife’s country (legally, I’m not on probation, I gave notification, I told the truth on my visa application). I had the EXACT same problem with the AWA, and find all the same things silly as you do.

Some states WILL take your kids away from you because of your status, so don’t be so sure that you could go back to the US with your kids, but not your wife.

A year and a half ago, I stumbled upon this website at 3AM in the morning after researching my situation, and a guy named “PK” was sounding the alarm telling everyone to leave if they could. I, like you, am one of the fortunate few with a foreign spouse and kids. Something about PK’s warning stuck with me, and I decided right then and there to get out ASAP. I had a lawyer (from my wife’s country) the next day, and was at the consulate the next week. 3 months later I walked across the bridge into Reynosa in the middle of the night, and a week later (after a wonderful vacation) I was on a flight out of Mexico City onward to my wife’s country.

I am expediting my process for dual citizenship. I can’t find Kraft Macaroni and cheese on every corner, I’ve had to learn a new language, there are more stray animals, crime is a little higher. But the ocean air is fresh, the fruit is cheap, the people are awesome, and they get the same TV channels for $20 a month.

Not a day goes by where I’m not grateful that I got out when I did. I had felt the noose tightening. Slowly, but steadily. From afar I see things getting worse. I sometimes wonder if it will somehow catch up to me here. When I fly on my new passport in a few years to Japan or (where ever), will they be able to deny me based on a fingerprint? Or name and date of birth, even if the country is different? Will registries pop up in other countries in 20 years as the world “Americanizes”?

By the law, our passports are fine. (for now) Only those required to register get the mark. Even if they do mark it, I have my “Green Card” equivalent which I can use for all legal business. Stay a step ahead of them. Keep laying down your roots. Get permanent residency and citizenship.

And most importantly, don’t ever return to the US. That’s the hardest part, but I’ve seen the horror stories. I won’t risk so much as being in the car with someone who gets a speeding ticket in the US. Simply existing is often a violation if they choose to go after you. The only way to avoid American cops, is to stay the fuck out.

After I was out, I called my state to confirm they received all paperwork correctly. The person on the phone was peeved that I had gotten out. They warned me very sternly “if you ever return to the US, you WILL register upon arrival or we WILL find you, and you WILL go to prison.” Ok…. goodbye to you as well.

My friends and family know everything. They support me. Funerals will be webcast to me. People visit here, and understand that I won’t go there. It’s not the life I wanted, but as far as plan Bs go, I’ll take. Best of luck.

I’m glad you made it out safely- Exiled by Choice 2 !

I’ve actually hired an attorney to deal with the Registry, where I no longer live but I’m still required to register- go figure that one out. So once I get to that point of changing my address on out of here, those nice people at the Registry shouldn’t have anything much to say but ‘good luck to you PK’.

I also have a Lawyer in my new country, and hopefully everything will work out for me as well when I apply for my visa. All about CYA.

I guess other RSO’s on here are stuck and could never even think of leaving the wonderful mistreatment being leveled against RSO’s in the “Good Old USA” as James would say.

Power to you, my brother.

I watched the senate wells Fargo hearings, and a congressman said something that has been said here so many times. He said, “The penalties that will be enforced on all other institutions because of Wells Fargo is using a broad stroke to hurt otherwise good businesses that didn’t do what you did.” Wow, could he please repeat that to the Supreme court, law enforcement, and congress.

Same here. I knew I could never have a normal life back in the states, I had to get out. I’m extremely lucky to get a true ‘second chance.’ There are no background checks here, no fingerprinting, no lists. Although I stand out as a foreigner here, I never again have that stigma. It’s hard enough for me to not feel like the lowest of the low (remember being segregated in lockup? I feared for my life in there!) but now I’m learning to be a human again. I have a foreign spouse and lots of ties to Japan pre-conviction, and after writing letters to Japanese immigration officers and the consul, with supporting documents from everyone I could think of, I was let in with a one-year ‘trial’ spousal visa. If I can show that I’m employed and have stayed out of trouble for a year, it gets renewed to seven years. After that, permanent residency. Depending on the political climate at that time, I will renounce my citizenship and become a Japanese citizen. Do I WANT to do this? No. But my country has betrayed me. A single misdemeanor conviction with no contact at all led to a lifetime punishment? Yes, I was wrong. But this is too much. So I will start my life again. Without America’s help.

I have a couple of questions. 1. If you are not required to register are you still subject to Meghan’s law? 2. Will the gov send the notifications and green notices even if you are not listed on any registry?

Regarding question 1) That depends. A state like Florida will never take a person’s profile off their website. Doesn’t matter how long since you’ve been there…once you’re on, you’re on for life.

Regarding question 2) Yes. I’m not listed on California’s site. 10 year old misdemeanor CP, expunged in 2010. Showed up in Mexico, and they were waiting for me. So, yes, even if you are not listed on the site, they’re going to send the notice.

@Exiled by Choice 2:
When you visit Japan, send me a line. I’ll show you around!

How is it legal to identify all offenders, contact and non-contact as probable “sex-traffickers or child-sex tourism mongers”? If the law is supposed to be based on FACTS then what the judge has done is made an “assumption” that all sex offenders have committed the same crime.
I hope Janice (thank you, thank you for all you do) refiles in every state. There’s got to be some sane judges out there somewhere.!

This truly scares and depresses me. I literally have lost everything. I have nothing here to live for. If this stops me from returning to a place of peace and tranquility, a home with people who care and love me, and that I care so deeply for, then forget it.

I have a question.

How can the defendants claim how fair Angel Watch is by saying their decision on sending a notice depends on a person’s sex offence as well as if the country they are traveling to is known for child sex trafficking, but then claim IML is also fair when the passport mark is visible to all countries regardless of if it is know for sex trafficking or not?

It’s obviously over-stepping with the way IML marks the passport for all to see when even the evil Angel Watch claims they wouldn’t go that far that they would endanger sex offenders in every country.

It’s obviously a major contradiction. Neither element can be reconciled to the other. Either there is an effort to notify foreign governments based on “analysis” of various criteria or there is shotgun dissemination of U.S. Citizen’s criminal history.

Beyond that contradiction, we need to realize that, based upon anecdotal reports from at least several travellers here, we know that criminal record information is continuously available to an, as yet, unknown number of countries without any per trip notifications from the U.S.

Interpol has previously said that it would provide such information (on a continuous basis) to its 190 member states.

If this has been fully deployed then there is no reason to think that IML is anything but a cynical subterfuge and a legalistic legitimization of extant practices and fully-redundant of those practices.

We’re that bad, folks; the government needs to have three redundant systems (Interpol immigration database, IML notifications and IML passport) in place to make sure we’re locked-in.

The one thing we can be sure of is that the government will not readily divulge its sources and methods. We get to figure it out ourselves.

I hear ya no more i figured you had a legitimate reason for not responding. look forward to your site

Not sure if this is helpful or not but when I was on probation (2001) I wanted to travel out of the country. I had to go see the judge and he granted me the approval to go. I’m not sure where I am going with this but just sharing.

Very good point Steve.
Maybe if the RSO would get authorization to travel from Judges. I think that may be the answer to these green notices, the IML and the “Scarlet Letter”. If the Judges authorize the travel and the bad laws cause the countries to turn us around upon arrival, then maybe the Judges will soon find that these restrictive laws are unconstitutional.
Frank

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