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.”
Related
http://www.courthousenews.com/2016/09/26/judge-dumps-passport-scarlet-letter-fight.htm
http://abcnews.go.com/Health/wireStory/judge-dismisses-lawsuit-sex-offender-passport-marker-42319842
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.
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.
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…
oh and yes it is a issue when i cant even find the general comments section anymore…..
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
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
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!
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?
@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.
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