Janice’s Journal: Say “No” to the Scarlet Letter

The federal government has done it again. They have issued not one, but two, press releases that reveal both the proposed language and the placement of a “unique identifier” on the passports of some registrants. How many registrants? Although the exact number is unknown, it is estimated to include hundreds of thousands of American citizens.

That bears repeating. Hundreds of thousands of Americans will be issued a Scarlet letter by the federal government. A mark that will limit if, and where, they can travel both overseas and domestically.

On what planet and in what country does this make sense? Certainly not in the land of the free and the home of the brave.

Americans are travelers. Our country was, in fact, founded by travelers who first explored and then lived in an unknown land. Our country later grew because travelers chose to explore beyond the Mississippi River and the Rocky Mountains.

The reason given for the addition of a “unique identifier” to the passports of some registrants is to protect children in other countries from Americans who engage in sex trafficking and sex tourism. That is a worthy goal. The problem, however, is that “unique identifiers” won’t protect children in other countries because virtually all of those who passports will be marked with a Scarlet letter do not pose that or any danger to children.

Instead, the “unique identifiers” will harm hundreds of thousands of American children who will be unable to travel with their fathers. These American children will be denied the right to visit with their fathers the home of their ancestors as well as to see cultural icons such as the Aztec ruins in Mexico and the natural beauty of the Amazon River. These American children will also be denied the right to visit family members and friends as well as cultural icons and natural beauty in nine states — Kentucky, Maine, Minnesota, Missouri, Montana, Oklahoma, Pennsylvania, South Carolina and Washington –that have failed to comply with the federal REAL ID Act and therefore will require travelers to provide their passports.

We are Americans! We demand the right to travel both internationally and domestically.

We will not allow the federal government to further punish and stigmatize hundreds of thousands of Americans by the addition of a Scarlet letter to their passports. Therefore, we will challenge the addition of “unique identifiers” to the passports of any and all registrants both inside and outside federal courts.

The next legal challenge to “unique identifiers” is forming on the horizon. We are bringing together for the first time legal scholars and experienced litigators in order to identify a path to success inside the courtroom. We are also bringing together for the first time advocates and civil rights leaders to identify a path to success outside the courtroom.

In order to succeed in our challenges to “unique identifiers”, we need YOU! We need YOU to show up at future meetings, to stand up at future protests and to speak up when your civil rights are being violated. Together, we can say “no” to the Scarlet letter of passport identifiers!

 

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Or, we could just challenge the registry itself…..Just sayin.

And another thing we need to work on getting the architect of this idea, Chris Smith of New Jersey out of office once and for all. Make him pay for his crimes against us.

I am glad to see that the effects on the children of registrants will be part of the argument. That same angle worked well for advocates of same-sex marriage, and figured prominently in Kennedy’s written opinion in Obergefell v Hodges and consolidated cases. It could be persuasive. At least, it would be hard to dismiss it and remain consistent with similar arguments made for same-sex marriage.

The domestic travel angle based on the REAL ID act may not be so relevant. Even if passports will be required to travel by to non-compliant states, it is doubtful that the destination state could deny entry to any citizen of another US state. Also, identification is only required when traveling by air, bus, or rail.

Janice ,

Are you fighting the green notices as well or just the unique identifier ?

All government stakeholders, especially the US Government are running a scam. They need to be called upon it.

You said IT ALL Janice! Now Let’s Fight!!!!! I’m on board.

Am I in a bad dream? I guess NOT, the U.S. Constitution must not apply to american citizens that pay taxes, follow laws and continual punishment for all on here? WE MUST ALL JOIN TO FIGHT, this IS the time to jump into action and chip in, for those of us who are honored to be allowed to keep a job or even have one. WE ARE BETTER than this, we deserve the same rights! ARE WE STILL IMPRISONED?

Thank you Janice for continuing the fight. Even though this identifier will not affect me, the travel warnings have. I believe with your tenacity, we will eventually prevail in court.

Looks like passport renewals run $110. If we’re forced to renew annually, that becomes a large sum of money- more than $500 in just five years. I’m no expert, but it would seem to me this would fall under some sort of equal protection or due process challenge. No other group would be forced to do this. That will create a true hardship, and no other group is being subject to this.

This still doesn’t address the issue of this right us overseas. Not everyone has been paying attention because it’s figured that if you don’t have to register in your other country you should be okay. But with states like NY,WI and possibly Florida you could have people with the marker and revocation and no one would know it until they try to travel again and get arrested.

Let me add a large ISSUE I have not seen noted so far:

This unique identifier will put us at actual physical risk…from people that see this endorsement.

Maybe even worse, we will be at risk of blackmail….when I leave my passport at the front desk of a hotel, who is to say that that night clerk doesn’t falsely say that I requested a female, an under-aged female, to be sent to my room?

When the night clerk tries to shake me down, what do I do?

When I refuse, what do I say to the never sympathetic towards Americans local police?!?

This is just bad, bad, bad….

Please let this lawsuit be successful and this damned identifier thing be taken outside and burned to the ground!

Best Wishes, James

The registry is relatively “new” to us as my spouse had to register this past year (for a non-violent, non-contact offense), and we have already found it to be a living hell (for starters, he had 10 days to move out of our home because we live too close to a school–even though we have lived in the house for almost two decades and paid nearly $100,000 in property taxes). I will also add that the registry has been harder on our marriage than anything–including his conviction. Not being able to travel has been one of the hardest parts for me to deal with as we are nearing retirement age and that was a dream. As someone who served in our military and was always proud of being an American, I have a hard time saying the Pledge of Allegiance now. Count me in on this fight.

Well stated, Janice. I’ve visited Canada, Costa Rica, Dominican Republic and a few Asian countries. I’ve actually not attempted to travel Internationally or take a cruise to (free) Mexico after learning these countries have banned or would be notified of impending travel (expunged battery/summary probation/non child related/no other arrests etc). I think it’s terrible. My wife’s mother recently (Asia) became ill and eventually passed away. I refrained from traveling with her because of a fear of being banned etc/embarrassment/waste of $). I’ve never been notified, called or sent any information regarding International Travel. I simply found the information on this site. Now, I won’t receive an updated a Passport, but being prohibited from travel is wrong. My only hope is 2021!

We also need to stop the identification on drivers licenses in several states which is certainly the same thing as this and causes many of the same issues including denial of services where one must show a DL, threats to safety for both the registrant and anyone with them, public shaming, etc.

I concur. The license comment is disturbing! When will this stop! 1st, your required to register! Then, Megan’s Law! Then, park bans, beach bans etc etc etc. Oh, Retroactive for an expunged offense!

I have a question how do I support the fight against the IML?

It’s too bad we can’t hit these legislators in the pocket book. That’s what they really understand. That and re-election. I wish there was a way property taxes could be tied to the number of sex offenders in a neighborhood. If Marshall and Swift could incorporate it into their property tax assessments that would be ideal. Then they might consider removing people more easily from the registry or getting rid of it all together. Fighting them on emotional grounds has never worked. These guys have no soul to appeal to.

I think Ca is headed in right direction. I don’t know how people on the Megan’s website, have special licenses, prohibited from living in certain areas, banned from parks/beaches etc function? It’s getting worst. Now, we are almost banned from traveling and select individuals will have special passports? I can’t cognitively understand. Initially, you just went down and registered annually? What about the guy with an expunged offense from 25 years ago? I’ll file my no longer register paperwork in 2021/unless we can do it sooner. By that time, I’ve been on the registry for 25 years/new 10 year requirement. The law should stipulate as long as your crime free etc, it’s granted! Good luck

I was watching a program over the Veterans Day weekend about the bombing of Germany and how shocked the allied forces were when they found the concentration camps. We are not to many steps away from being put away in a camp and left to rot. I was convicted of possession of four emails that I received while in a chat room. My crime was 8 photographs and chatting with the person who sent them to me. Yes it was cp and I did not send it anywhere else and I never had any history of purchasing membership on cp websites. This was a first offense and I was given 3 years probation and 6 months in county jail. That conviction was over 5 years ago and I just feel like I have no way out of this nightmare. I will try since my conviction was wobbler to get it reduced to a misdemeanor before the new tiered registry takes place. If any one knows a strong cp attorney in the San Francisco bay area please let me know
thank you

Well, this is clearly a must. Sam and Steve, I think I might refrain from making judgements if I where in your shoes. People don’t think to highly of your physical actions. I just read an interesting article on this website. There is presently only a 5 % recidivism rate for those who committed sex offenses. Yet, the highest percentage for some reason is child related? So, I imagine the laws are more stringent on child related offenses for that reason. I suggest getting your charges reduced or expunged if you can. Otherwise, look at all your alternatives. Best wishes and Happy Holidays!

I wish you nothing but the best Sam! Hopeful, I hope you feel better about yourself/calling me names and relaying your narcistic behavior. I’m simply here to support and truly feel bad for your situation. I only hope focusing upon me and making judgmental comments help you in one way or another. I’m wearing armor and nothing bothers me. I’m just glad I received your response. Best wishes and I’m sorry for you Sam. I consider myself fortunate under what could have been! I clearly bad some very bad choices and somehow had fortune on my side. I could write a book. I don’t take this lightly. I truly remain Hopeful!

I already have a valid passport and recently used it to travel to the Caribbean without issue. Is it known how current passports would be revoked and can you still travel on a revoked passport? (My research suggests you can in fact travel on a revoked passport as long as it hasn’t expired, and mine won’t expire for at least another 8 years). Will the federal government and/or secretaries of state attempt to retrieve the physical passports? If so, can we be criminally charged for civil disobedience if we refuse to give up our passports?

so when we petition for removal in 2021 and let’s say try to travel (example) to the Philippines, would our background still show on thuheir computer (interpol)? and let’s also say the person applied for a new passport in 2021 with no mark and not registering any more here in California, what is the grace period to be completely removed from registering once the petition is submitted?

Then you could be charged with destruction of government property and your passport would be void for alterations

J,

I might suggest contacting DHS and sending them a copy. I might also carry a copy of the document stating your no longer required to register. The comment (Sam) regarding your Passport is without merit. I don’t think we have any Esq on this site or Government Employees. Who knows!