International Travel 2020

@ SJ: But did you provide the required 21-day advance notice of international travel? No need to answer. (If you had done so, I doubt you would have been admitted to Mexico. Mexico would have received a “green notice” in advance of your arrival and you would have been refused entry.)

@ MC, David, S J, JohnDoeUtah

Actually my response addressed David’s suggestion that if “S J“ Had made the 21-day notification of international travel before going to Mexico that perhaps the Watch Center would’ve then have sent a green notice to Mexico and he wouldn’t have been able to enter Mexico. But As we know, the Watch Center doesn’t need the notice to know we’re traveling abroad and issue their notices if they so desire – they scan all the Internacional travel manifests for sex offenders as a matter of course.

With regard to the marked passport issue…. As I mentioned in a previous post, my charge in Florida while on vacation was for an offense that is not covered in my home state of residence for registration purposes. Also, for federal tier purposes, it is a tier 1 that ended after 10 years with my clean record (actually one lawyer told me it’s not even a tier one, because lewd exhibition doesn’t fall in a federal tier. I’m skeptical of this though because a minor witnessed it.).

I am, however, still listed in Florida since I was initially registered there after my conviction before heading back Maryland. Dubiously. Florida doesn’t remove registrants even after they leave the state. The address they list for me is an old address where I lived when I was sentenced. I have never updated My information because it is not a legal requirement per state nor federal law. Because I appear in Florida’s registry I’m also on the National, albeit with no updates in 24 years as I said … A sort of “revenge listing.”

(Does the actual Florida SOR statute define a covered SO as someone who lives, works, studies or at least visits Florida? Is there legal authority per Florida law to keep one on after leaving? If they justify the registry as a public safety measure to protect Floridians, then what public safety purpose would it serve to list out of state people without any updates, who don’t have an ongoing connection to the state? But this is a detour…).

Coming back to the issue of the marked passport …the IML says that the SO passport marking applies to “registers sex offenders.” IOW, you have to be a current registrant. Once you’re off the registry, this marking therefore doesn’t apply -and even secondary is no longer an issue upon returning from international travels since you’re not actively on a registry. And we have read reports from former registrants that that in fact is the case -there’s no secondary after removal.

The question that I have is whether I am an actual “registrant” as far as SORNA and IML go, for the purpose of the passport marking. IOW, would I be considered a “registrant” just because Florida has not removed me from their registry.

SORNA itself only requires registration on the basis of living, working, or studying in a jurisdiction. The SORNA guidance says that individuals are to register in the state of conviction initially even if they don’t have a connection to the state of conviction and will serve their sentence outside the state. But the guidance also makes clear that there’s no federal obligation to update registration details after a SO leaves the state of original conviction nor for states to keep them on their registries thereafter…

And in fact… in the Nichols case involving a former registrant who left Kansas for the Philippines, Kansas tried to assert jurisdiction by claiming that the state remained “involved” per SORNA because they still listed Nichols on the Kansas Registry. But The Supreme Court seemed to mock that claim, saying that SORNA makes clear that “involved” means that the offender lives, works, or studies in a state.

The Court wrote –

“The Government resists this straightforward reading of the statutory text, arguing instead that once an offender registers in a jurisdiction, “that jurisdiction necessarily remains ‘involved pursuant to subsection (a),’ because the offender continues to appear on its registry as a current resident.” Brief for United States 24. But §16913(a) lists only three possibilities for an “involved” jurisdiction: “where the offender resides, where the offender is an employee, and where the offender is a student.” Notably absent is “where the offender appears on a registry.” We decline the Government’s invitation to add an extra clause to the text of §16913(a). As we long ago remarked in another context, “[w]hat the government asks is not a construction of a statute, but, in effect, an enlargement of it by the court, so that what was omitted, presumably by inadvertence, may be included within its scope. To supply omissions transcends the judicial function.” Iselin v. United States, 270 U. S. 245, 251 (1926). Just so here.”

Thus, in light of these, would someone in my shoes who’s not registered anywhere but still appears on the registry of original jurisdiction out of vengeance, without updates in so many years, still be legally considered a “registrant” for SORNA IML purposes – even after the SORNA term of registration is over per one’s federal tier?

I do wonder..

@David – I’m way past my registration period for my tier 1 offense per federal SORNA. I was sentenced in ‘96 and with My clean record my federal sorna period of registration ended in 2006.

SORNA Tier 1 says registration is for 10 years with a clean record and 15 otherwise, tolled from date of sentencing. These are automatic timeouts.. no need to petition for this.

Maryland, my home state, doesn’t consider my offense to be a covered offense as far as the state registry is concerned.

Not even Mr Barr’s revisions can change that.

“The character of the threat. Directive 2004/38/EC and the ECJ highlight three main characteristics of the threat: it must be sufficiently serious and genuine. According to Articles 27-2 and Article 33-2 of Directive 2004/38/EC, the personal conduct of the individual concerned must represent a present threat. The Directive prohibits previous criminal convictions being considered as grounds for expulsion measures unless there is a likelihood of reoffending. The seriousness of the threat is related to the affection of one of the fundamental interests of society. Even multiple convictions are not sufficient, in the absence of additional factors showing that the presence of the migrant constitutes a serious threat to public security.”

https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF

So, if an EU country is going to expel you, they have to show that you are a “present” threat of re-offending, a prior conviction is not enough. You are allowed due process and the ability to appeal an adverse decision.

I was required to register for 10 years in MN. My registration period has since expired and I am not on supervision. My charge was dropped from a felony to a GM after completion of supervision. Does anyone know if countries will still restrict those not on a registry?

Just wanted to let everyone know that I just got back from a 9 week trip to Tanzania. There was a discussion between 4 different Immigration officers for about 15 minutes but then they told me to continue on. I am not sure if it is because I am a woman, because it was almost midnight and the last flight until the next afternoon, or because I had an official letter form the Tanzanian Catholic Diocese that I would be working with.
I did give my 21 day notice to my registrant officer. Tanzania did not search any of my baggage or check my COVID test or my immunizations (all were up to date). I got nothing but a warm friendly welcome from everyone I met as I traveled all over the country. I took 3 flights within the country from city to city as well as a couple of bus trips and many many car rides with my hosts. I registered on hotels & national parks I even met a few Catholic Abbots and the Bishop of the region. The only trouble I received was people asking me about the election. I traveled all the way from the east coast in Dar Es Salaam to the west on Lake Tanganyika and back again. About 2500 miles within the country.
Upon my return, I had to go through Atlanta for customs. This is where I was expecting the biggest problems. I had brought my laptop and some external hard drives with me as well as my phone. It only took about 5 minutes for them to scan my passport, take my fingerprints (they do this with everyone), asked me about anything I bought and then sent me on my way. There was no searching of my baggage or electronics.
I have been home for over two weeks and have not received a note from the State Department yet about my passport being revoked. I have the note on the main page but nothing on page 27.
Just wanted to share this info with you all. If you would like more info we can talk further somewhere besides here if you are comfortable.

Right now, my state police are not checking any registrations. They’ve been closed since April because of Covid, and guess what, they’re hasn’t been any spike in sex offenses. Maybe the uselessness of the registry will become apparent and they’ll close down for good.

Re: Notice of international travel—according to a letter Janice wrote to the California DOJ (linked below), there’s no current SORNA requirement that registrants give their jurisdictions any notice of planned international travel. A travel notice obligation, however, may still exist at the state level so it’s important to check if your state requires this (California does not currently).

But as a federal matter, there’s no international travel notice obligation for registrants currently in effect. According to Janice, the US AG hasn’t yet specifically imposed this travel notice requirement upon individual registrants by specifying “time and manner requirements” for registrants to report their international travel plans; SORNA generally requires the US AG to adopt “time and manner” requirements for complying with SORNA provisions before they can apply directly to registrants.

Instead, the US DOJ has issued regulations applicable *to states* requiring states to adopt laws to require registrants to give notice of international travel plans, as a condition *for states* to be deemed SORNA compliant. But there’s no current *federal* obligation for registrants who reside in states with no international travel notice requirement to provide such notice to state registration authorities.

Bottom line: you’re not required by federal law to give this notice. At least, until such time as the US AG makes it a *federal* obligation by defining “time and manner” requirements for registrants to provide their itinerary information when traveling abroad.

Here’s her letter to the CA DOJ: https://all4consolaws.org/wp-content/uploads/2020/10/Letter-to-Atty-Gen-CJIS-8102S-27-Oct-2020_000510.pdf

This comment is directed towards those of us that have CP possession convictions hanging over our heads. It is directed not as a resource to commit any offense, but as a resource for those looking to move on without the stigma of a single mistake made.

I have been researching and found over 1/2 the countries in the world have no pornography laws. As such, many do not recognize the specific offense of child pornography as a crime. I have called up a few of the consulates of countries listed to get a slice of the whole pie as a way of determining immigration, retirement, and visitation policies. Surprisingly, many have little if any diplomatic relationship with the U.S., and as such do not recognize the U.S. judicial system. I was told by three different representatives that as long as a crime hasn’t been committed on their soil and I am not a fugitive from any country’s justice system, I am welcome to visit and apply for different visas.
Obviously there are certain countries that are less than inviting from a residence standpoint. But still, it is nice to know that options are available to those looking for a level of emotional freedom that we will never again experience on our own soil. I am still working on moving to Spain ( Mediterranean area ), although the Pandemic has slowed this process.
As long as you are not tied to the U.S. as I am not ( no family ) , the world is more of a welcoming place than most are aware of.

I hope all of you have a nice safe holiday season. I know many of you are looking forward to 2021 as a year of freedom in many different ways.

Implementation of ETIAS has been postponed until the end of 2022. 😊🤗👏👏👏.
Heres a link:

https://www.eureporter.co/frontpage/2020/04/08/etias-visa-waiver-postponed-until-2022/

Hello all. I just received my new passport and it does not have the “Unique Identifier” on it. I am on the texas s.o. registry and on the one in florida. My case was placed on Deferred Adjudication Probation in 2004 and i completed it in 2014. In texas deferred adj is not considered a conviction but one still has to register. I am bit confused why my passport does not have the identifier on it. Any info about this would be greatly appreciated. I am making plans to permanently move to Germany and put all this bs behind me.