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’m disappointed in this ruling but it’s not as bad as it may seem. I kind of understand the judge’s ‘premature’ argument. Wait till the state department put’s the identifier on the passport first. If it has an adverse or unconstitutional affect on registrants, then they can sue.
I don’t know why these media outlets keep saying the passport law affects “people convicted of sex offenses against children”
So are they saying Brock Turner would get an unmarked passport because his offense didn’t involve a child?
Fact is, registered sex offenders also include adults convicted of sex offenses against other adults. I believe the media is just trying to hype things by saying offenses against children to garner less sympathy for these kinds of laws affecting registrants
I say this was a politically motivated dismissal. Sounds conspiracy theory-ish, but given this was signed into law recently, legacies are of utmost importance, the tie to a potential Clinton presidency again after being appointed by a Clinton to begin with…a few open SCOTUS seats possibly coming…you get the picture…if not politically motivated, then why would you dismiss with prejudice?
I don’t believe you wait to see what the consequences are of this marking. If you do wait, then the damage is done. It is more of the same at that point…voting bodies passing laws that they leave for the courts to decide whether they are legal or not.
You know what damage the marking will bring based upon precedence of what the public registry brings. There is history already. The government can always say, and has said about the public registry when passed by legislatures, the intent is blah blah blah and not blah blah blah when the reality of what happens is otherwise. Not all consequences are predictable or known when things are set out to be enacted. If you don’t recognize the unknown consequences when they happen, you are ignorant. You are further ignorant when you chose to not do anything about the unknown consequences when they negatively impact others and need to be stopped.
This all started with Congressman CHRIS SMITH of New Jersey. He spoke it and by God it better be implemented because he said so… Just like Dennis Hastert was adamant about the AWA.. CHRIS SMITH- N -DENNIS HASTERT were and are both adamant about punishing ex offenders over and over again…I hope CHRIS SMITHS’S secrets come out just like DENNIS HASTERT’S did!!!
I don’t have the stomach to read the ruling. Would be great to get one of the fine minds on here to break it down and post a summary. For example, if the rejection turned on the ‘ripeness’ argument, then I think we have reason to be hopeful. I had no doubt that this judge would bend over backwards to try to kick the can down the road. She did not want be the one who undid what her preconceived notions told her must be a good law. It was pretty clear she was unsympathetic from the get-go.
Many jurists, especially politically motivated ones, have the ability to marginalize the Constitution when it stands in the way of their biases.
If the rejection was merely because it was not ripe, then we have the ability to regroup and re-file once there is more evidence of what harm this demented law is doing/has done to real people and families. Unfortunately, a bunch of people have to get really screwed over (incarcerated, injured, murdered, etc.) before a judge with enough conscience might emerge who will say ‘enough’.
Astonishing. Unbelievable. That judge was such a coward.
Now, more than ever, I must send a small check/donation….to those bravely championing my cause. I read the full 45 pages—some of it is okay, Ripeness, Lack of Standing…have to wait for better, more prejudicial facts to show themselves, and maybe show themselves more broadly across a segment of the population…
But then again, there is no way to hide from it, much of it was devastatingly terrible.
It is what it is.
We will get another wack at it later.
Hold your head up even in the face of a bracing wind…Smile at the bastards with a nod of your head and live well….go out of your way to be as happy as possible.
(I can’t say what I really think…America is just silly and ugly punitive with a cruel delight to see others suffer…so they feel better about their own lives)
Best Wishes, James
It is extremely difficult to believe that the government could argue that the notices they are sending are based upon fact and not opinion. According to the written and signed declaration of an official from the Dept. of Homeland Security, the agency “does not make blanket notifications” and instead “uses discretion” in order to “determine which matches more strongly suggest intended child sex tourism”. To reach the decision whether to send a notice the agency considers the following factors to be “relevant information”: the nature of the underlying offense, the age of sex offender at the time of the underlying offense, the amount of time that has passed since the conviction, any subsequent criminal history, the pervasiveness of child sex tourism in the destination country and the purpose of the impending international travel.
Oh and Janice:
Unless something has majorly changed. At what point does one disclose their intent to travel to Europe or even the Philippines, Micronesia, et. al. their notification process can be taken apart thread by thread! Passport or birth certificate in the last is all that is required to enter–there are no visa’s for US citizens–therefore, where do you state your intention for visit
We are living in a fascist imperialistic country. What is so sad is the average ignorant citizen can be lead without a rope. The media creates hysteria, the public doesn’t have the mental ability to realise they aren’t getting the truth, the politicians do whatever they feel makes them look good, and the judiciary follows their lead. All at the cost of our constitutional liberties.
It happened with laws to outlaw people’s sexual prpreference.
Then Nixon Administration and being “tough on crime”, creating stiff penal law. Then Clinton and the “war on drugs”. Terrorism , something. Our government and media can take credit for creating.
The proof is all there, over 94% non repeat offenders, but two words have destroyed over 1 million lives, including families, friendships, businesses, and innocent people caught in miss directed retaliations.
And now they want to spread hate and fear around the world. To me, this reads like America looking for greener pastures to shit on. That is the definition of Imperialism.
We need a civil up rising. The protests are a good start, but we need to keep it up.
I spoke with an old client who knows off my offense and they are appalled at what I am experiencing. The IML and passport marker is only the latest. They will keep pushing as long as they feel they can put in a new law. Harsher, more restrictive, with disregard for others, that’s the American way.
So the next lawsuit should be filed in Ohio which is in the 6th Circuit and also has at least one Federal District Court that have been a tad unfriendly to these newer laws of late.
Although Judge Phyllis J. Hamilton was appointed by Bill Clinton, Democrats tend to be a little “softer” on sex offender legislation. That being said, I don’t know that it’s bad news. The reason the Judge dismissed the lawsuit was because she felt it was premature because, “it was also not clear yet who would be subject to the passport identifier and what form the identifier would take.”
Don’t jump to conclusions, people. 😉
….
If the are claiming they are being selective and focusing on countries that have a problem with sex tourism I believe that an rso traveling anywhere should send a preemptive letter explaining that you are traveling with family ( really doing so) for a family vacation. Explain how long ago your conviction was and roll the dice. If you are denied entrance seems to me you could prove they are full of shit. And reference the explanation in this lawsuit that states the way they said they were handling the regulation.
I never figured any other outcome for this law suit. Until The people that write these laws are harmed by them, they will continue to grow worse. I say we find out exactly where the Notices are being sent, and then send Notices for all the other Classes. Drunk Driving is a Very Serious Crime in Most Countries, and lots of Well known people have been busted for it.
To those discussing “Bill of Attainder” and how the IML as well as the Sex Offender registry itself is in violation of that part of the Constitution, the following post from 2008 contains tons of valuable information:
https://sexoffenderissues.blogspot.com/2008/10/bill-of-attainder-argument.html
It also discusses how Congress illegally used the suspension calendar to ram the AWA through to law without debate, when the suspension calendar is only supposed to be used for the mundane things like the naming of post offices.
Very enlightening and as relevant now as it was in 2008.
Also see this, which I haven’t fully read yet:
http://pepperdinelawreview.com/are-bills-of-attainder-the-new-currency-challenging-the-constitutionality-of-sex-offender-regulations-that-inflict-punishment-without-the-safeguard-of-a-judicial-trial/
my god Chris that first article actually brought tears to my eyes it’s written so eloquently and articulated with pinpoint accuracy..it literally brought a almost euphoric emotional response…..excellent work Chris a lot of that if not the entire article will be my opener for my motion…bout to read the other soon as I get time chance just had to comment on this….
im not going to be waiting for shi…..my motion will be in court by this time next year and im sorry to say it appears that lawyers only do the minimal amount of time and resources into preparing these cases.which I guess is understandable since they have no real stake in the matter….me and others contributing to my motion all have a high stake and believe me I am completely committed to this motion and will be making sure I have case law or other rules of procedures that will force the Court to address any and all issues brought forth in it…I’m sure there’s precedents for it and I will find by myself or with the help of others on here or the other sites I am involved in….lot of outstanding info provided on here over the last few days…
I haven’t read the other one yet but it sure seems like people who write articles do a better job then attorneys
…..dont figure
So how’s about all 80,000+ of us Californians go on a world tour. They want 21 days notice? I’ll give them a notice everyday with a different destination for 6 months. I don’t have to actually go on vacation. I’m just supposed to tell them of my “planned destination” right? So if all us Calfornian’s turned in 21 day notices daily for half a year or if we could pull together & do it nationwide, could you imagine the system overload? Thinking outside of the box, might relieve more than taking it head on. I don’t know, just thinking….
I hear what you’re saying Chris and believe me I will keep trying to get professional help but push comes to shove I will go it alone…I do have some experience in filing motions and how to identify what cases are relevant and are binding in what districts as well as other jurisdictions that can have bearing in my district as well as the type of evidence that the courts have found that have weight and bearing on constitutional decisions. but like I said I will continue to press and pursue any professional help i can get…I really believe once I get this ball rolling and actually in the courts that it will be much easier to get the help I need since organizations will take a second look at what I am attempting to do and see how much of a effect it can actually have on these issues…thats my hope but I’ll go it alone if they’re not up to the task and want to gut my arguments thats all there is to it…..
the info keeps flowing like it has been on this and other sites then I believe I will have an excellent chance at success….
The bait and switch….
“With regard to the notification provision, defendants note that both the USMS and
ICE HSI have had international notification provisions in place for over five years, and
that representatives of those agencies have indicated that they do not anticipate that the
nature of the notifications will change as a result of the implementation of the IML. See
Lechleitner Decl.”
So the IML makes current practices of Angel Watch which were secretive practices now formally legal and adds to it with a unique identifier. The Angel Watch program will not change as IML is built on it. Legalizing IML formally legalizes the current practices. But when IML is scrutinized, all of a sudden there is no standing because its not technically IML that is doing this, but Angel Watch, even though IML is an overlay on Angel Watch. Would a duplicate suit replacing the words of IML with “Angel Watch” then have standing? Someone mentioned being purposely obtuse a few months ago. Just like when Janice was asked ‘How do you make the leap from a unique identifier to saying someone is likely to engage in internatioinal sex trafficking?’… the title of the law is right there to make it obvious that is what the compelled speech is saying. Then, there’s the selective admitting of facts. Janice, in earlier IML filings, gave the statistic of zero registrants being convicted of international sex trafficking. This was ignored which is too bad because it would have invalidated the unsound logic of the rubberstamped Government argument that goes like…registrants travel, international child sex trafficking and tourism exist, therefore IML is needed. If the Judge would not overlook Janice’s statistic, then the rubberstamped faulty logic would be refuted.
I would like to formally apologize to all registries for my offense. I am a part of the reason laws keep getting tougher. I know this sounds dumb, but you all are my family now, and without knowing me , you trusted in me to make your lives better by not offending. I betrayed your trust. I am sorry for adding to this horrible situation. I hope for us all that we all find peace and some form of happiness.
I’m devastated by this ILM business. I was a white collar professional with a great salary, a fun life, I was popular with lots of friends, and I was just about to be married to the most beautiful woman in the world. I got into trouble for something I had done 5 year prior that I didn’t think anyone could possibly ever find out about. But they found out. I never hurt anyone. But to the gov’t it doesn’t matter.
All I have left in my life now is menial labor, booze, and overseas travel whenever I have enough money saved. I had three months in a wonderfully beautiful place this year and 6 months in 2013. Travel is the only thing that gives me any more purpose in life. Otherwise, I have no friends, and my father and I never speak. He’s an elected official and he’s ashamed and embarrassed of me. I live alone, I drink heavily daily, and I save my money to wait for the next overseas trip where I can relax and just feel like any regular human being again for a little while.
Now, I’m going to have a huge tag across my passport whenever I try to stay in a hotel or rent an apartment. I stay at hostels where the accommodations in dorms are super cheap. Now every other traveler in the place will know. That is, if they even let me stay. A landlady isn’t going to rent an apartment to a “dangerous foreign criminal.”
Seeing a beautiful place and hiking through pristine mountain trails with other travelers I meet has kept me going the last few years. It’s all I have left to live for. It’s all I can look forward to for the rest of my life. And it destroys my soul to see this news. I’m crying while writing this. I used to be a strong man, proud of my life. A former Marine. And now the only thing I have left keeping me alive is being ripped away, too.
I appreciate these wonderful attorneys. I used to work in a profession opposing what they do. And I’m sorry for having been a part of the other side. I had no idea how miserable 850,000 Americans are who are struggling through life with shame and embarrassment just trying to get by with hardly a place to live or find work. So, I’m sorry to all of you. But I’m with all of you now.
I’ll be donating. And I’ll be sending you a private message, Janice, with more details about me and my experiences.
Thanks to all. Godspeed.