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General News

State Department Revokes Registrant’s Passport

The State Department has revoked the passport of a registrant who was convicted in and resides in California. This is the first known passport revocation following passage of the International Megan’s Law (IML) in February 2016. According to a letter from that federal agency, the registrant’s passport was revoked because it did not include the “unique identifier” required by the IML.

The letter stated that the registrant’s passport “remains the property of the U.S. Government, and must be surrendered upon demand.” The letter also stated that the registrant must “immediately return” his passport to the federal government.

According to the letter, there is “no administrative appeal before the Department of State” regarding the revoked passport. The letter advised the registrant that he may apply for a new passport that will contain the following “unique identifier” — “The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(1).”

The registrant received notice that his passport had been revoked after returning to California from a trip to South America. He was allowed to enter South America and did not encounter problems upon his return to the United States.

The registrant, who does not travel overseas on a regular basis, has surrendered his passport. He has not yet determined, however, if he will apply for a new passport.

Join the discussion

  1. The Static-99R Is A Scam

    This is ridiculous! To think that Obama signed this piece of legislation is even more infuriating (as you’d think–with his efforts to reform criminal “justice”–that he’d be more reasonable in the laws that he signs).

    • KFM

      I thought he and his wife were ATTy’s and thought and repeat THOUGHT he’d read ALL OF IT, not missing pages presented to him to sign BEFORE SIGNING IT INTO LAW, besides telling them PROTECT MY DAUGHTER’s these are two very educated persons, she has weight in on all the bills he signs, and impressed.
      WHY DIDn’T HE READ ALL OF IT KNOWING THAT ALL RSO’s are NOT THE SAME, period.???

  2. Joe123

    Bastards that should be sued to hell. Luckily, that is where things are headed.

  3. Jm

    My passport expired last year. I sent in my old passport for renewal yesterday. I guess we’ll see what I get back.

    • AW

      My passport is going to expire in a week. I think I will wait to see what happens.

      • AJ

        @AW:
        If it’s simply going to expire, State won’t do anything because they have no need to do anything. It becomes a nice ID to use, though, in case you’re in a marked-DL state. Also, I believe you have up to 5 years past expiration to apply and be considered a renewal (versus new application) which gives slightly faster processing. Hopefully by then there’s some sense returned to this country and you can get a clean document.

        • AW

          It is up to 5 years, that’s what I read as well. Since I have no immediate travel plans, I will hope that sanity does return to this situation by the time I need a passport.

  4. 4 Sensible Laws

    Does anyone know what happens if you don’t ‘surrender’ the passport? What if it has been lost?

    How the hell can this be happening in America?

    IML is the thing that made me completely lose respect for Obama, and basically become cynical about the political system. Seeing some of Trumps mischief has made me second-guess whether my apathy might be counterproductive. But seeing IML now fulfill it’s tyrannical promise, I remember clearly how both parties rushed to embrace this particular brand of fascism.

    The day Obama embraced hate was not a good day for America. The disease is now spreading with exclusionary policies affecting various groups of people. Share the wealth, I guess.

  5. Eric Knight

    Where is the source of this article from?

    • Roger

      Janice wrote it. ACSOL writes all articles that are not credited to someone else.

      • KFM

        Thanks Roger, she has the suit in also, NOW we can see it PUNISHES ALL that carry a Passport and DENIED TRAVEL until reissued and they BETTER NOT CHARGE FOR IT!
        dman the us govern

  6. Sam

    I feel like vomiting. This makes me scared to renew my visa here now. I really don’t want to get deported and have to be torn from my wife back to the US because they revoked my passport without me even knowing.

    • PK

      I was planning on starting the visa process myself, and now I’m wondering if I should wait for the possibility of an injunction? Or should I start the process sooner rather than later?

      I’m not clear about how this Letter was generated. Did he receive the Letter when he passed through the Port of Entry upon his return to the United States? Or was the letter waiting in his mailbox when he returned to California? If it’s the former, then it would seem that these Revocation Letters are being triggered upon an RSO’s return through the Port of Entry. Then if that’s the case, I would simply wait it out for 8 – 12 months, and hope and pray for a speedy visa process or a preliminary injunction.

      • Sam

        I had a good talk with the wife today after having a meltdown.

        She knows the government here a lot better than I do. she told me not to worry and just go renew my visa and hope we get the longest one available. Then we won’t have to worry about anything until that expires or the US tries to overstep it’s jurisdiction. But seeing as we are not on good terms with the US currently I’m not sure what would happen.

        Just won’t do any traveling outside of the country. Which is fine with me since there are so many great places inside the country.

        If it’s triggered by point of entry then definitely no worries, the only way I’m coming back to the US is in a box.

        Not sure on the visa processing for you, but mine is like 1-3 days.

        • PK

          I was told mine could take years. When and if the time comes, I’ll just notify my Attorney that I have a new Passport that’s all.

        • Sam

          @PK mine wouldn’t be the PR visa that one I have to wait another 5 years to even apply for. And after that it could take another 3 years to approve if I’m lucky. If not could take 10 or more

  7. Facts should matter

    the registrant’s passport was revoked because it did not include the “unique identifier” required by the IML.

    There’s nothing “unique” about Chris Smith’s flawed ideological nonsense and using The Constitution for toilet paper. He’s NOT minimizing risk as these markings are not even potentially life-saving information. In fact, itclearly put the bearer in harms way along with subjugating them to all kinds of negative actions.

  8. G4Change

    I’m sure this will be submitted as evidence in the upcoming law suit. This is outrageous!!!

    • New Person

      Yup. The US Gov’t has officially restricted his travel until he gets a new passport.

      The crux is the man returned from travel without any problems. Should having an identifier make a difference to this man? He’s gone from just a tourist to a predatory monster who hunts for minors (present tense). Now, IML just exacted a retributive and deterrent act upon a free citizen who already paid their punishment dues.

      In the US, you don’t need to show your passport to gain lodging nor rent a vehicle. Outside of the US, your passport is needed for your identification for any transaction should a business require it. You hand over your passport and you have no control of the person looking at your passport to look at all the pages of your passport.

      But I’m awfully curious. If that man’s passport was revoked, he applies for a new passport, he travels to the same place(s) he did before his new passport, and he gets denied entry due to the new passport, then has the US Gov’t aided and abetted the banishment and restriction of travel?

      • Sam

        Maybe the denied entry stamp could go right over top of this stamp. The one they give here for entering and leaving the country too much gets put on those back pages and takes up the page.

        Also some Asian countries If you get a long term visa they glue the visa to those back pages. So if your visa gets approved would they suddenly look at the page when attaching it then deny the visa?

        There are a lot of ways the marking restricts travel and puts people in danger.
        For every form I have had to submit here they have needed a complete copy of the front and back pages of my passport whether a hotel or government agency.

        If you go to some countries and the hotel staff sees this they my call some locals to “kidnap” and torture you unless you pay up or they might just flat out murder you. It’s giving a new way to extort someone.

        • AJ

          @Sam:
          The last page is specifically titled “Endorsements”, so visas will not go there, and vice versa. Were you out of room for visas in your passport, they still wouldn’t use the Endorsements area; they’d tell you you need a new passport.

        • Sam

          @AJ Looked at the wife’s passport, although hers is not a US passport the pages still say endorsement on the back pages, China put their visa at the back even though there are still 15 pages left. And her old passport the entry stamps go onto the endorsement pages as well because the visa pages were full.

          But maybe it was due to lazy immigration on this side of the planet. Any who I’ve been limiting my travel since renewing my visa here takes 2 pages. And I’ve got about 8 left

        • David Kennerly, Spectral Evidence Technician

          AJ, when my passports started running out of room for entry and exit stamps and visas, they just started using the endorsements pages. My two previous passports, i.e. the ones before IML, were completely full of entries and exits and visas, including on the endorsements pages. That’s why I had only the vaguest idea about “endorsements” vs. entry/exist pages which precede them since I had never had an “endorsement” and wasn’t clear what it was.

        • AJ

          @Sam:
          Yes, lazy immigration officials, especially if there are blank visa pages. Maybe you can be lucky and get one who slaps a visa over things for you if/when that comes along!

        • AJ

          @David K.:
          Apparently, and not surprisingly, it’s hit or miss. One my siblings and I have both been chastised by CBP for having a passport with too few blank pages–even with the Endorsements sitting clean. Unlike “back in the day” you can no longer get pages added…you have to ask for a larger book when applying.

          As for the Endorsements page, I was always wondering what is was for. I only know of one other instance of its use. A woman I know got married and, instead of getting a new passport, got an Endorsement indicating the name change. I don’t recall what, if anything beyond shipping, she had to pay. I do know it was faster and cheaper than a new book.

          Anyway, point taken…from you and Sam!

        • David Kennerly, Spectral Evidence Technician

          Since no one has, from memory, ever “endorsed” me for anything, the section’s purpose always seemed a bit nebulous to me other than as a run-on for the entry and exit stamps.

        • David Kennerly, Spectral Evidence Technician

          AJ, yes it would be lovely if the China or Indian Consulates would be so kind as to slap one of their full-page visa sheets over our own State Department’s less-than-flattering “endorsements.” I suspect that money would need to change hands for that.

        • AJ

          Here’s a primer I found helpful regarding Endorsement v. Visa pages: https://www.uspassporthelpguide.com/us-passport-visa-pages-vs-endorsement-pages/

          This is helpful, too: https://en.wikipedia.org/wiki/United_States_passport#Passport_in_lieu_of_certificate_of_non-citizenship_nationality

          (It was new, and news, to me!)

          Tanzania has full page visa…and would also probably be open to an economic contribution.

      • 4 Sensible Laws

        I’d donate some $ if there were a fund started to put this poor fellow back on a plane to the same country he previously was allowed entry into – with new quasi-nazi passport in hand.

        Makes sense to me that if he is denied, then the ‘identifier’ is specifically what is stopping the travel. They will say they are just ‘sharing’ information, but why not then require an ‘identifier’ page with a printout of any citizen’s past criminal act?

        Why is the RC singled out without any type of evidence showing he is traveling with intent to commit a criminal act? A previously convicted drunk driver might be likely to get wasted and mow down a child while driving around a rental car while partying in Cancun. Wouldn’t Mexico want to keep him out too?

        If we’re suddenly so worried about protecting the entire world’s vulnerable, why aren’t we pasting everyone’s past who supposedly poses a ‘risk’ on passports?

  9. David

    This is insane!!! WTF happened to this once great country?? We have a POS POTUS. We have pandering, fear-mongering POS lawmakers advancing POS new laws (with centuries old punishments like public shaming and ostracizing.) Unbelievable! 😡
    (I wonder how long it will be before we are required to wear some type of symbol pinned to our clothing to identify us everywhere and anywhere we go in public.)

    • LS

      Symbol pinned to our clothing? Please… It will be a required permanent mark (think tatoo) somewhere in plain view. Like the upper neck, or perhaps the top of the hand.

    • Robert

      David, President Trump had NOTHING to with IML or the marking in the passports. This was Chris Smith’s and Obama’s doing. Just thought I would let you know

      • David

        Robert, I know POTUS-Toddler had nothing to do with IML. I was including him in my overall comment of “what has happened to our once great country?”

    • KFM

      David, it’ best not be an unique identifier TATOOED like a Pink Triangle! What’s Next???

  10. KM

    Some important information to include in this would have been (1) the conviction causing his registration (2) his status on the public website (3) parole/probation status (4)time since last conviction causing registration requirements.

    Please. Inquiring minds would like to know.

    • PK

      I’m not sure if any of that makes a difference if he’s a covered sex offender.

      • Facts should matter

        @PK

        And we all know that “covered sex offender” is code for “confirmed pedophile” in Chris Smith’s fantasy world.

        This was, of course, a deliberate smear, designed to demonize and conflate us ALL with Megan’s killer.

        • David Kennerly, B.S. Splatter Analyst

          “Megan” had nothing to do with “pedophiles” traveling to other countries. This was just pure cynicism on the part of Chris Smith to hard-sell a law that was strictly unconstitutional. IML wouldn’t have affected Jesse Timendequas in the slightest. He lived across the street, after all. What is more, there is not the slightest evidence that “pedophiles” are more likely to employ violence than any other sex-preferential group. This is the myth that has been unchallenged since before John Wayne Gacy and Wayne Williams (neither of whom were “pedophiles,” by the way). But no one needs to know any of that to go off half-cocked and imbued with righteousness.

    • NYLevel1

      The Most intelligent response! Thank you. Can we please know this as it be may be very relevant?

  11. T

    I say don’t travel overseas at all because of the insanity of the IML, the hassles with authorities and the passport thing which is going to put us all in grave danger. There should also be an investigation to any pattern of contradiction to Chris Smith’s claim of the IML that is working well with these advance notifications of traveling registrants and that registrants that are traveling with this new passport will still be able to travel freely and unmolested.

  12. Will Allen

    People keep asking things like “How could this happen in America?” or “What’s happened to our once great country?”.

    America has never been great. Just take a cursory look at our history.

    The “SEX offender” witch hunt is very consistent with how U.S. citizens act. It wasn’t that long ago that people were so outraged that “coloreds” would have the audacity to think that they could share the same water fountains as the “good” people. Our history is full and complete with stupid, awful, immoral acts. This witch hunt is just the latest.

    Obama supported it. But Trump is another level of stupidity and hate. His election confirmed for me what people in this country are about, at least more than half of them (don’t jump to unsupported conclusions, I’m not talking about the voting).

    • PK

      “Obama supported it”- True
      “But Trump is another level of stupidity and hate.”- how so? did Trump support or say something to perpetuate the RSO witch hunt?

      Anyway, I doubt this Forum is the place to express your hatred of Trump.

      • New Person

        The hysteria with Trump has taken a new level as people don’t concern themselves with the actual policies. The IML isn’t only Obama, but all of congress. Yet, as a so-called Constitutional supporter, Obama who gave it final approval without protest.

        Obama is preventing US citizens from leaving the USA with the IML.

        Trump isn’t trying to prevent people from leaving the USA.

        • Will Allen

          Did Obama even have a choice? What was the vote on IML? I would imagine that it had overwhelming support and thus Congress would not even need Obama’s signature. If that were the case then perhaps Obama was just being smart.

          I don’t know but I can’t imagine many presidents not signing it.

          Anyway, I don’t know what Trump thinks of the witch hunt. But it would not surprise me in the slightest if he doesn’t love every bit of it and want more. I don’t know and I don’t really care much. Trump is demonstrably a liar, bully, and narcissist, among so many other things, and that alone is all that I need to not care about him or his policies. Frankly, I can’t see how a decent person could support him. I really don’t get it. I can see people liking his policies but you have to sell your humanity to support him.

        • CR

          Obama had no choice. He would have been overridden by Congress if he had vetoed.

          ———
          Trump isn’t trying to prevent people from leaving the USA.
          ———

          No, he is actively doing the opposite. But that is a different story, completely unrelated to our plight.

          Trump has voiced no opposition to IML, so it’s a safe bet that he doesn’t have an issue with it. Had the IML bill been presented to him, rather than to Obama, he’d have signed it too.

        • Lake County

          Yes, IML had Congress’ overwhelming support and thus Congress did not even need Obama’s signature. Congress did this as an emergency bill with no opportunity for debate. There were only a few members of Congress on the floor when the vote took place. It was a shout-out voice vote with no record of how many or which way anyone voted. The people that had issues with this law just weren’t in the room for the vote since no one wanted to speak up against an unconstitutional law that only hurt registrants. This law was just about politicians looking tough on sex offenders.

        • David Kennerly, Spectral Evidence Technician

          Will, it was a “voice vote” “under suspension of the rules.” The small assemblages of the two houses were very small but we don’t know how many. That’s the beauty of the “suspension of the rules,” we don’t know who, or how many, voted. It is believed to have been a very small handful. It can be assumed that the majority of those not represented in this group saw it as preferable to abstain from the vote altogether. Yes, Obama had a choice; he was a lame duck and did not have to worry about reelection, etc. Only his “legacy.” It would seem to me that garnering 2/3rds to override a veto would have been a tall order. Nevertheless, IML was an overwhelmingly Republican Party cause with only a token number of Democrats, such as the ever-reliably hysterical Barbara Mikulsky, to give it the patina of cross-party respectability. Obama was no hero here but neither was he the driving force by any means. For the record, I think that Trump is a loathsome pile of dogshit.

        • Will Allen

          Thank you to all the people who responded with more information about the IML, Congress, and the Presidents.

    • Tim Moore

      True, and I might add, the resistance to the status quo has been there from the beginning, too, mostly ignored by the people who modify history to fit their present need to maintain their position over others.

    • PK

      @Will Allen
      You are obviously hysterical over Trump, and sadly misguided
      “Trump is demonstrably a liar, bully, and narcissist, among so many other things, and that alone is all that I need to not care about him or his policies. Frankly, I can’t see how a decent person could support him.”

      The only “hate” appears to be coming from your messages. Again this Thread has to do with some poor RSO having his Passport revoked by IML that was enacted long before your friend Trump ever took office.

      • Will Allen

        @PK

        ACSOL is an unbelievable organization that literally every single actual American (versus people who just live in the U.S.) should support. They offer this commenting forum with no obligation to anyone. They also moderate some or all of the comments. They don’t like what I have to say often enough. So I’m often unable to say exactly what I think. People just need to be aware that what is being seen here is not exactly reality – it is the reality that is allowed to be seen. Anyway, I’ll see if I can correct myself enough to satisfy the censors.

        I’m not hysterical about Trump so you are wrong to say that is obvious. You are also wrong that I am “sadly misguided”. It is a fact that Trump is a liar, bully, and narcissist. I have seen it directly from him with my own eyes. So I don’t need to rely on anyone’s opinion or worry about Trump’s “fake news” lies. Personally, I think all moderately informed people know this.

        I wasn’t the one who started talking about the Presidents and I was merely responding. But you are right that Trump is my friend. He is helping wealthy people exactly as I expected that he would. But he is no friend of the people who support him. He put their child and grandchildren in debt so that the rich could get much richer and satisfied his supporters by letting just a tiny, tiny, tiny portion of that wealth “trickle down” to them, like in $1,000 increments. When they say “trickle down”, they really mean trickle. Crazy that poor people love that and their insignificant, mostly non-existent tax “cuts” that were stolen from their children and grandchildren.

    • Alec, Adopting David's Hilarious Nicknames

      So, removing Obama and Trump from the discussion (they really are not relevant – just the latest faces in a long history of the same) –

      You are right about one thing; the “SEX offender” witch hunt is very consistent with how U.S. citizens act. How can this happen?

      The better question is, how could it not?

      The great danger of jingoism is that it encourages the belief that no matter what you will always be “too good” for truly bad things to happen.

      American Exceptionalism is as disastrous to the United States as any religious dogma has been to those it killed; because dogma of any kind is antithetical to justice, fairness, morality, ethics and conscience. American Exceptionalism is specifically designed to suppress reason, to suppress everything that might make a modern democracy in any way productive, or progressive, or even fair….

      “We are the best country on earth, therefore we will never be dictators.”

      This is what they call freedom. I will never return to the US; I would rather live in a free country than a police state.

  13. PK

    “The registrant received notice that his passport had been revoked after returning to California from a trip to South America. He was allowed to enter South America and did not encounter problems upon his return to the United States.”

    I think she meant to say that he only encountered problems until he returned to the United States.

    I’m wondering which South American Country he was allowed to go to?

  14. PK

    I’m also wondering if he received the Letter at the Port of Entry, or was this something he received in the mail at his home?

    If he did get the Notice to Surrender his Passport at the Port of Entry, then why not just “take and keep” his Passport right then and there? Furthermore if this was the case, then any RSO who is currently out of the Country should expect the same treatment upon their passage through whichever Port of Entry they come thru.

    • Janice Bellucci

      @PK – The State Department sent the letter to the registrant at his home via certified mail.

      • PK

        @Janice thank you for that piece of information.

        One would think that they would send out Certified Letters to more than 1 Registrant at a time.

        I’m not clear if this was sent specifically to this RSO because of the nature of his conviction, registration level, or perhaps because he alerted them of his intended international travel.

        Anyway, I’m thinking I should move forward sooner rather than later with my Visa Application, and get the process rolling, before I get the notice sent to my door. I really do hope for the preliminary injunction.

      • Lee

        The article states that “The registrant received notice that his passport had been revoked after returning to California from a trip to South America.” This is not very clear. Was the notice waiting for him to sign for the certified mail at home while he was in S. America or he returned to California, then say a few days later give or take, the notice arrived? Please clarify.

        • James

          Janice may not be at liberty to disclose any more facts than she has already provided.

          I don’t know what professional restrictions are in place in this matter, but they are real and we must respect Janice’s discretion in these regards.

          I am fairly distressed by this….

          But I leave Janice to do her duty as she sees proper.

          Best Wishes, James

        • PK

          This would be important to know also.

          I’ve been gone since November, and now I’m wondering if there’s a Certified Letter waiting for me also.

          Or was the event triggered? Did he receive the Certified Letter several days after passing through the Port of Entry?

          How much time was he given to comply and surrender his Passport?

      • AJ

        One more reason to ignore any certified mail notifications the postal carrier leaves in your mail–and do NOT answer the door for them, either. Have you ever had anything *good* come via unexpected certified mail?

        • Lake County

          I would imagine that if you didn’t accept the certified letter, that the State Department would just request that your local police department or Federal Marshals show up at your door for a ‘compliance check” and could then request you hand over your passport. As registrants, if they want to make contact with us, they will find a way.

        • PK

          I’m still wondering if they gave this guy a time-frame to surrender his Passport.

          As I mentioned previously, I’ve been out of the US for almost 4 months, and I’m guessing there could in fact be something similar waiting for me back home.

          Was he singled-out because he gave 21 advance travel notification, then this triggered the State Department to send him this Notice?

        • AJ

          @Lake County:
          Your argument hinges (no pun intended) on my answering the door for the Crooks in Blue. USMS *might* be able to “repossess” the Government property known as a passport, but the local yokels, IDK. What if I answer and don’t say anything to them? Are they going to enter without a warrant to seize property they only believe to be on premises? I think there’s more of a legal fight to it than their showing up and demanding it.

          In truth, I suspect State doesn’t really CARE if you accept the letter or not…the revocation will proceed anyway. And if so, there’s no need for the Crooks to seize a useless document.

  15. Tired of this

    In my eyes, Chris Smith is a terrorist.

    A terrorist uses fear for political objectives. Mr. Smith uses fear (of an imagined and exaggerated threat) to further his political ambitions, suppressing the rights of free Americans.

    it’s time we ramp up our own war on terrorism. Let the lawsuits and challenges fly.

    • Will Allen

      Amen. People who support the “SEX offender” witch hunt are terrorists. They are enemy combatants. To me, they are no different than any other people who have ever forcibly tried to exert their illegal, immoral will onto other people to force them to live their lives as the terrorists want. They are the same as Nazi Germany invading Poland and the other countries. Same as any aggressors.

  16. Robert

    What if someone who was a level one in NY was taken off the registry 2 years ago and does not have to register anymore. Will they still have their passport revoked?

    • New Person

      As far as I know, the “covered sex offender” means you’re still on the registry. So no, if you’re no longer on the registry, then you won’t be subjected to the Scarlett IML.

      If you do a search on “covered sex offender” then you get this:

      1. is a sex offender
      2. is currently required to register under the sex offender registration program of any jurisdiction

      Hmmm…. Well, that’s an interesting tidbit on (2).

      (a) What state is it that if you visit, then you will remain on their registry forever?

      (b) Now that the IML is in full effect, then can CA registrants who are level 1 and level 2 bring a suit to the federal government for either equal protection or “grossly disproportionate punishment”?

      Commenting on (b), there is only one registration term in CA – lifetime. Other states have tier terms to be relieved of the registry.

      ..
      .
      On a tangent of “equal protection”…

      Now that we know the details of a “covered sex offender”, we can address the “conviction with a minor” vagueness.

      In CA, the legal age of consent is 18 years of age. In some states, the legal age of consent is 16 years of age. The IML and federal government are stating that geography is what determines a minor, not age. That makes no scientific sense considering the geography lies within one country. The IML makes the registry a federal statute and it needs to be applied equally. So either a minor is someone under 18 years of age or someone under 16 years of age.

      Because the IML is federal and if the federal sets the legal age of consent is 16 years of age, then that over-writes a lot of statutes in states where the legal age of consent is 18 years of age. That actually would open a lot of worms and possibly many sex crime convictions are no longer sex crime convictions.

      Remember, the IML is a federal statute. This means it’s a national statute. The alcoholic drinking age is set at age 21 as a national statute. Thus, what is the national statute for age of consent now that the IML has been implemented? If it is 16 years of age, then CA and all states that are above 16 years of age now have a massive problem as those crimes involved with 16 year olds and above have been deemed legal due to the IML federal standard statute for age of consent.

      Or am I the only person thinking this federally mandated IML made an egregious mistake in identifying a conviction with a minor?

      • American Detained in America

        You’re not alone, but considering all the things I’ve seen over the last few years, including the sketchy circumstances under which I was convicted, I seriously doubt it matters to them. They have a tendency to overlook the facts, even when the acts themselves don’t meet the requirements of the laws(such as mine).

      • JW

        The Supreme Court held in Esquivel-Quintana v Sessions 2017 that the federal definition of “sexual abuse of a minor” requires the age of the victim to be less than 16 in the context of statutory rape crimes that are based on the ages of the participants.

        It seems logical that this SHOULD establish 16 as the age of a minor for other federal actions – such as IML or SORNA, shouldn’t it?

  17. 290 air

    Do we have to pay for these new passports if the old ones are revoked?

    • Timmmy

      I would say not since they did this without due process.

      • Sam

        Their letter even says there is no appeal. Even though their website says if you believe this is a mistake contact DHS blah blah blah. Which seriously does nothing if they already seized the passport.

        On top of this DHS is ridiculously slow to respond to anything. I emailed them regarding this month’s ago and haven’t heard a thing.

        • David

          I phoned….and phoned….. and phoned…and finally spoke with someone at the State Department before my Europe trip two years ago. I simply went to their online telephone directory and called EVERY number on the list until I finally reached someone who was willing to talk to me and answer my questions. (I probably dialed 40-50 phone numbers.)

        • Timmmy

          I would not worry about it. They just cant go around revoking passports. The guy was foolish to turn the passport over to them.

        • Sam

          @timmmy they just posted another person who go their revocation letter. He was denied to even board his flight. Which may mean that these are triggered by flight manifests?

    • 6KFM

      Better not, we didn’t choose this and this punishment should be paid for IF we already had an ACTIVE PASS>

    • Janice Bellucci

      According to the State Department letter, the registrant will be required to pay “all required fees” for a new passport.

      • AlexO

        @Janice Bellucci, Do you happen to know if a person would have to pay fees again in any other similar situation where the government revokes a permit due to its own policy changes? I imagine this could be an important point in a case against this.

  18. Agamemnon

    Anyone convicted of crimes related to “sex tourism” has their passport revoked, so who are they punishing with the IML? Nobody who’s ever committed a sex crime abroad.

    Are medical doctors forced to return their degrees if a dentist commits a crime? Do bus drivers have to have their licenses stamped because an uber driver got a DUI?

  19. American Detained in America

    not punishment? yeah, right

  20. AlexO

    Well, looks like I’ll be trying to apply for that Real ID sooner than later before they revoke my passport.

    I hope one day they’ll have to answer one way or another for all these blood votes they’re buying.

    • David

      I just got my California Real ID last week. I figured I’d better hurry before some POS lawmaker wants to stamp “Sex Offender!” across the face of it!

      • Anon

        When they enacted the ID designation law in Florida a few years back they simply said in a letter that your license must bear the designation by your next check in or it’s a 5 year felony. Do it or we will arrest you. Plain and simple. It’s also a felony for a registrant to not have an ID showing their current address. No way around it.
        If I spend 5 or more nights in a row at any address I have to go to the DMV and get a new ID at my expense, then get another one if my trip was temporary showing that I’ve ‘relocated’ back home. So a simple 5 day vacation to the Florida Keys or a work trip requires 1) a trip to the DMV, 2) a trip to the local sheriff, 3)a trip to the sheriff of the county I’m visiting, 4) a trip to the local sheriff again when leaving 5) another trip to the DMV when I get home and another new ID, 6) another trip to the local sheriff when I get home to reestablish my residency.

        Oh, and the current Florida legislative session is about to vote on changing 5 days to 3 days.

        • PK

          Another reason why I would never even think about retiring or staying in the U.S. forever much less even my hometown Miami.

  21. lee

    Question, what if you are outside the country and the notice was send and you obviously do not get to read the notice. When you return, will the US immigration take the passport back right there then? Is the passport still working, meaning overseas airline will let the registrant fly still to come back to the states? I have a trip coming up.

  22. Fb

    BS, there is in fact an appeal available. It’s called judicial review.

  23. Harry

    Luke 6:27-30 (NKJV)

    Love Your Enemies
    [27] “But I say to you who hear: Love your enemies, do good to those who hate you, [28] “bless those who curse you, and pray for those who spitefully use you. [29] “To him who strikes you on the one cheek, offer the other also. And from him who takes away your cloak, do not withhold your tunic either. [30] “Give to everyone who asks of you. And from him who takes away your goods do not ask them back.
    Shared from PocketBible for Windows Store (http://www.laridian.com)

  24. kari

    Hi Group,

    Slightly concerned here. I was arrested for sex assault and of course the criminal history shows sex ass. of child, I was in Texas moved to another state and the registration has stopped have been officially off since 2006. Texas placed me back on in 2013. I wonder where they will send the letter to. My DL is a different address than where I actually live. But when I filled out my renewal of passport it was 2014 I have 6 more years. But the address where I actually live is the address put on passport renewal application.

    I have a letter in the state I live in now saying the registration has stopped.

    • Sam

      Did you contact the registry in Texas and ask why you’re listed on their registry if you don’t live in the state? As far as I know they aren’t like WI, NY, and Florida that keep you on when you move out of the state.

      Also if they’ve been expecting you to comply with their SOR they may have you as non compliant or something if it’s still got your old address listed for it

      • CR

        @kari, Sam has a point. If you left Texas while you were still required to register there, and you didn’t notify your registering authority of your move, then Texas will most likely charge you with a felony when they find you.

    • CR

      @kari, I’m not sure I understand your current situation.

      If your offense was against a minor, and you are required to register as a sex offender in any jurisdiction, then you will get the scarlet endorsement when/if you renew your passport.

      It sounds like you are saying that you were originally convicted in Texas, you moved to another state and got off the registry in 2006. Texas put you back on the registry in 2013, so I’m guessing you had moved back to Texas at that time? You also seem to be saying that you are not in Texas now, and that your current state does not require you to register. Do you nevertheless remain on the Texas registry, even though you don’t live there? If so, then I think you will be regarded as being required to register, and you’ll get the mark.

      Maybe you can clarify your situation a bit more.

    • Lake County

      Most likely they will send it to the address where you are registered at. If that address is not correct, then you will likely have some real problems with a possible registry violation. Your description of your registration is not very clear.

    • someonefromtx

      Hello

      I am in the EXACT same boat. I moved to another state and when I left Texas in 2003, I was off the registry. In addition, I moved to my new state and legally de-registered. Since my case was deferred from 1996; I had no conviction and was able to start a career. Then in 2016, Texas activated my registry entry again and now I can not pass a background check and my career is down the tubes. I called the folks in Texas and told them I want to leave the country and what I needed to tell them. She literally told me per Texas law, once you leave Texas you have no obligation to register or report to them any more; however your registry details will remain public till the day you die. So keep that in mind. Best advice I can give you is legally change your name, give the middle finger to Texas and start a new life.

      • CR

        Do I correctly understand that Texas reactivated your registry entry even though you are no longer residing in the state, and no longer required to register in Texas or in your current state of residence?

        That’s a new thing that I haven’t heard of before. That would seem to add Texas to the short list of states that keep an RC on the registry forever, regardless of where he resides or whether he is still required to register.

        It’s a very bad development. Background checks will always reveal that you are a “registered sex offender.” There can be no escaping the IML scarlet endorsement.

        • someonefromtx

          RC.. you are correct. I moved out of Texas so I could start a family and career. I went 10 years without having a registry entry and then Bam out of no where Texas activated it again!

        • CR

          @someonefromtx, thank you for confirming. I’m sorry this was done to you. It’s very troubling, and not at all fair since you are no longer required to register.

          If you don’t mind, I have a couple more questions. I’m trying to understand under what circumstances Texas might relist someone whom they had previously removed from the registry.

          Was your offense committed in Texas?
          Were you ever relieved from an obligation to register in Texas?
          Were you sent any official notice of the relisting and/or reason for it?
          If not, how did you learn of it?
          Does the Texas listing show your current out-of-state address, your former Texas address, or is the address omitted?

          On another note, are you aware that Texas has made it possible for registrants with certain types of offenses to be removed from the registry if they meet all the qualifications? It’s something you might want to check into. My cases were also deferred, from 1992, and I have no conviction, but because I had more than one charge against me, I’m not eligible for removal.

  25. someonefromtx

    Hi .. see my answers below:

    Was your offense committed in Texas? – YES
    Were you ever relieved from an obligation to register in Texas? NO – There is no legal way of doing this in Texas for my offense
    Were you sent any official notice of the relisting and/or reason for it? – No – I randomly googled my name and saw a homefacts page with my info on it. This alerted me to check the registry and see my name there
    Does the Texas listing show your current out-of-state address, your former Texas address, or is the address omitted? – It just states – “OUT OF STATE” . They do not know my address where I live now nor do they know I legally changed by name.

    On another note, are you aware that Texas has made it possible for registrants with certain types of offenses to be removed from the registry if they meet all the qualifications? YES, I hired a lawyer and he confirmed for my charge, de registration is not applicable.

    • someonefromtx

      I was 18 when I was charged and the year was 1994. There was no internet, nor what there any mention of me having to register as a sex offender in my plea deal. When Texas enacted the law in Sept of 1996, since my probation was not complete, I was told I would have to register for the rest of my life without having any say so what so ever.

      In my case, DNA evidence should have cleared me. It came back not a match, but a grand jury STILL indicted me. This prompted my parents and my attorney to have a tough talk about perhaps taking a deferred please deal and I was told this whole thing would be over in 5 years with no conviction and I just needed to tough it out and stay on the straight path during this time.

      Had I known I would be handed a life sentence on the sex offender registry, I would have gone to trial and fought this tooth and nail. Sorry for ranting, but this is just bringing up all the memories of almost 25 years ago.

    • Sam

      What info do they actually list for you on there if they don’t have your current info or pic?
      Is it like with the NSOR where it’s all blank spaces when you leave the country? If it is, at least it’s better than NY that lists the out of country address with picture.

      But still… That’s ridiculous that they added you to the registry after so many years of not having to register.

  26. CR

    No need to apologize. I understand completely. There was no internet or SO registry when I plead either. No mention of it in my plea or my sentence. That’s the thing I have the biggest problem with. That the state can come in after my sentence has been meted out and impose new requirements on me that were never in play before.

    Thank you again for answering my questions.

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