A lawsuit was filed today in the Central District of the U.S. District Court of California challenging regulations issued by the State Department that announced the addition of a “unique identifier” to the passports of some registrants. Addition of the identifier to passports could affect more than 500,000 Americans and their families.
“The State Department violated the requirements of the Administrative Procedures Act (APA) when it failed to provide the public with an opportunity to comment upon its regulations,” stated ACSOL Executive Director and attorney Janice Bellucci. “As a result of the State Department’s significant violations, we are asking the Court to order the agency to begin again its regulatory process.”
According to the lawsuit, the State Department issued the regulations in September 2016 and October 2017. The agency declared the first regulation to be a “final rule” and did not request public comment before taking effect. The agency issued the second regulation in the form of a press release which was later posted on the agency’s website.
In its regulations, the State Department also declared that it will not issue passport cards to some registrants. According to the lawsuit, Congress did not provide the State Department with this authority, but instead required the State Department to add a unique identifier to passport cards issued to some registrants.
The plaintiffs in the case include the Alliance for Constitutional Sex Offense Laws, a national non-profit organization, as well as two registrants who reside in the Central District. One of the registrants has an existing passport without an identifier and is concerned that his passport could be revoked while he is traveling overseas. The second registrant does not yet have a passport and is afraid to apply for one because it would include a unique identifier.
“The possibility of having a unique identifier added to their passports has had a dramatic chilling effect upon hundreds of thousands of American citizens,” stated Bellucci. “Due to this concern, they are choosing either not to travel overseas or not to apply for a passport.”
The United States, in the past, has not added a unique identifier to the passport of any American citizen. The only countries known to have done this in the past are Germany and Russia.
Related
Call-in meeting regarding International Megan’s Law (IML) on Jan 30
Related Media
http://m.seattlepi.com/news/article/Passport-mark-for-sex-offenders-challenged-again-12492204.php
http://sacramento.cbslocal.com/2018/01/11/lawsuit-over-passport-marker-for-sex-offenders-calls-it-scarlet-letter/
Somebody should have the guts to confront Chris Smith about his bill, and put him in his place.
We got this!!!! Thanks J.
Best of luck with this Janice. Although I have no money for travel, I resent that I would be unable to freely travel if I wanted to like any other free citizen.
Not sure I understand. So we are just asking them to start again so they can pretend to listen to the public so they can go ahead and put the identifiers on?
W O W , It’s Happening! Now the biggest lawsuit (Fed) that ACSOL has ever undertaken!
Hope they keep those blindfolds on once they review ALL in your suit {Fed Courts) for fairness and completeness of their OWN LAW passed not following the Constitution and other points your Team has
brought against them to prove how unfair the Pres. {Obama} had on when he signed, not knowing the consequences it brings to the one’s that suffer including families and ones crimes decades old and have NEVER even traveled before besides denying one to see a ill or life threatened or even funeral for that matter back to country of origin or where they might of grown up or their family moved to.
Just Wrong on so many levels
THANKS ACSOL TEAM for Filing
let’s get out some donations, including me as unemployed, this is BIG.
Thank you, Janice, you’re now Saint Janice!
NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Paul L. Abrams.
John Walter: https://en.wikipedia.org/wiki/John_F._Walter
Paul Abrams: https://en.wikipedia.org/wiki/Paul_Lewis_Abrams
The district judge is a Bush appointee, while the magistrate is an Obama appointee (and former public defender). Good luck to Janice et al! I think I speak for everyone else in saying that we are rooting hard for this victory!!
Are registrants allowed to travel to Mexico?
This has huge implications for me and my family. I travel internationally for business and my fiance’ is a foriegner. Thanks Janice. Good luck.
May God Bless this challenge and bring us all justice!
Actually, there is another politician in New Jersey. If you dig into the Congressional Record you will find that there was one and only one mind you who spoke out against the reauthorization of the Adam Walsh act. His name is Senator Cory Booker, Democrat, New Jersey. Also, he and Senator Kamala Harris are the the first African Americans to be appointed to the Senate Judiciary Committee, which just happened this week !
Time to DONATE!!!
I got a question if you decide not to get the new passport with the unique identifier that identifies you as a registrant whose crime involves a minor and you just don’t travel at all what happens then, is that a crime?
Our government is doing some real sick things, and they are no less evil.
I lost everything in a fire a few weeks ago just after getting my life back on track. I would love to help in some way, but I cannot. So instead, i say thank you and will be watching from a distance. Thank you to everyone who can help as well.
Got in trouble in 98 with statutory rape and Chris Smith aka Dennis Hassert wants to mark my passport in 2018, 20 years after?????(NOTTTT). These judges see the bs…….. KICK HIS MOLE ASS J. THANKS.
Also, don’t forget to read this article “Some Americans may need a passport to fly domestically in 2018”
http://www.businessinsider.com/tsa-stop-accepting-driver-license-flights-states-2017-10
Currently, states like New York, California, and New Jersey are having their extension requests reviewed. If they are not granted by January 22, residents will need a passport to travel on domestic flights.
From Florida. Best of luck Janice and ACSOL. Hope we get this win.
Glad to see it made the major wire services! The story could use some meat to it, but it’s still good to get it out there.
This can only be good, as it will cast light on the topic. There will certainly be the chorus of cretins who say, “They should be thankful they’re allowed to travel…or even live,” but there will probably be a good number of pieces written in support of our side.
The members and friends of Citizens for Criminal Justice Reform thanks you for continuing this fight. Best wishes and prayers for success! http://www.ccjrnh.org
Thank you Janice for all you are doing for ALL of us. I am not understanding why you are taking this angle with regards to ‘public comment’ – as others have mentioned, the public in general would be happy if we were all locked up on an island and still considered all of us monsters. So even if this is a ‘win’ it is putting off the inevitable – may delay it, but might make it worse if it comes to the public commenting.
In regards to not everyone having the stupid stamp, I thought this was originally based on ‘conviction’ not the registry? If it is based on the registry and if you are no longer on it, then would this apply? Furthermore, there are hundreds of possible offenses, how do you know (tried to find, but couldn’t even on the State’s site) what all those are?
Based on the 10th Circuit ruling on driver’s licenses, how can that be overcome, that was a HUGE blow to this fight. I know it was only one courts ruling, but major impact all over, but I guess I have to believe that other courts District/Circuit would see things differently – hopefully!
In this letter, someone said they are ‘afraid to travel’ which is the GOAL of the pathetic politicians of creating this whole thing – they are winning as long as that is the case. That being said, this stamp, IF it is on the very last page, that no one ever looks at and sometimes can even get stuck together, most will never see it. (has anyone seen a passport they can post a picture of?) There are ways to travel internationally even with all of this hell they are putting us thru, many countries in EU (east and west) could care less and don’t agree with this policy. Mexico, it kind of sucks, but not really, there are plenty of other great beaches – such as the US virgin islands/Puerto Rico/Guam where you don’t NEED a passport to go there! Canada, they won’t let anyone in with ANY felony – don’t even try to fly thru Canada!! This all SUCKS bad, but don’t let them win – there are still options, many of them.
Let’s hope this and many other lawsuits to come will hopefully succeed – we can bitch and moan and hide, OR can stand up and join Janice, Alison and all the other amazing attorneys (and their teams), help when we can, donate, etc.
Moderator –
It may help the discussion here to have the Pub Law link posted above on the law signed by Pres. Obama to avoid misinformation from happening, which appears on who gets a unique identifier and not and notification:
https://www.gpo.gov/fdsys/pkg/PLAW-114publ119/html/PLAW-114publ119.htm
I know it is posted on other postings here previously, but maybe a reference link here could help (certainly would not hurt). Just a helpful thought.
BTW, thanks for all your hard work on keeping the flow going on these many postings by the masses. It cannot be easy at times.
“The State Department previously said the notice will not prevent sex offenders from traveling outside the United States nor affect the validity of their passports. However, other countries may prohibit or place strict restrictions on the travel of convicted felons.”
Here they go again- mis-stating the facts. Not ALL RSO’s are convicted Felons. Some poor a****** with Misdemeanors too got swept up in all of this Registry mess.
Man, I am really surprised I am not getting media coverage on my suit. I guess they feel it’s a joke or impossible to win Pro Se or someone tipped the press off on Janice’s suit, but we’ll see what happens. This suit is all tech errors and has no real bite except to postpone the inevitable, but A+ for jumping in at any level…..
Dear Janice,
The English language has no words that can accurately express the depths of this registrant’s gratitude for all your amazing sacrifices and incredible hard work to help us. Therefore, I will let that sentence speak for itself and add a simple “Thank you!” as the tiny cherry to top that infinitely large sundae.