Added 2/19
http://www.counterpunch.org/2016/02/19/21st-century-public-shaming/
http://www.downtownexpress.com/2016/02/18/dont-brand-sex-offenders-passports/
http://www.sfweekly.com/sanfrancisco/news-sex-offenders-megans-law-obama/Content?oid=4486073
Added 2/12
http://kron4.com/2016/02/10/sex-offenders-to-be-identified-federal-passports-law/
Added 2/11
http://wemeantwell.com/blog/2016/02/11/u-s-passports-of-sex-offenders-to-be-marked/
2-10-16: International Megan’s Law Conference Call (National RSOL)
Added 2/10
http://reason.com/blog/2016/02/10/lawsuit-says-scarlet-letter-passports-fo
http://www.courthousenews.com/CNSNEWS/Story/Index/86768
http://www.newsweek.com/civil-rights-group-sex-offender-passports-marking-state-department-424754
http://www.latimes.com/local/lanow/la-me-ln-sex-offender-passport-20160209-story.html
http://fox40.com/2016/02/09/sex-offenders-challenge-new-federal-passports-law/
http://www.nj.com/politics/index.ssf/2016/02/obama_signs_international_megans_law.html
Not really sure of the steps it would take, but if this lawsuit is successful, could it be used as leverage to prove that the registry is unconstitutional and a form of additional punishment? Just curious…
This law suit challenging just the indemnifier or the whole law? How about the previous activities of the USMS and these pre-alerts. This needs to be challenge, as well?
What I find curiously under reported or emphasized is the fact (?) that this hellish piece of legislation passed on the House Floor with approximately 5 voice votes…out of 435 possible.
This was reported here by people that actually watched the proceedings on c-span…and I was just astonished that this was possible; even under a Suspension of Rules.
If this is true, and I am posting this at least in part for confirmation of what I remember, then the whole passage part seems a farce…and un-American.
If Congress wants to so callously brand me, the least they can do is have a real vote. Maybe a voice vote…but five only?
This just seems wrong.
Best Wishes, James
If the suit is successful, how about a suit against every member of congress who voted “yea” and against Obama for violating their oath of office?
Here is the PDF of the actual lawsuit.
https://d1ai9qtk9p41kl.cloudfront.net/assets/db/14551074845253.pdf
Thank you, Janice, for filing this lawsuit! I hope you crush this unconstitutional law with every single argument!!
hi i was on the call last night, And I believe someone indicated they would be posting a list of countries that were on this I guess it’s called angle watch list.
I’m trying to figure out how I can meet my fiance: some where she and i can both travel to to comply with at least that part of immigration law! then on to the AWA crap!!!
Anyone know of a good immigration attorney who works with AWA would also be appreciated too.
Thank you and may God bless us all!
Seems to be the case with most of the sex offender laws.
“The IML provides no empirical evidence in any form, including facts,
statistics, reports, or analyses, to justify the significant punitive burden imposed on
Covered Individuals by this law, as summarized herein.”
And do we really need a new law when there are already laws that more than adequately address any concerns anyone could have?
b. “Congress has already provided the Department authority to deny
passports to individuals convicted of the crime of sex tourism involving
minors and who used their passports or passport card or otherwise
crossed an international border in committing an offense.”
This law in it’s entirety completely disregards the safety of the children and every other family member, friend, business associate, etc of the registrant and ex registrant. It seems clear to me that this is either the worst slop job of legislation in recorded history or the government doesn’t really give a damn about child exploitation; more than likely it’s allot of both.
Could it be Chris Smith is our saviour? How hilarious would it be if this asinine law is the start of serious questions into SOR registration laws everywhere. Could IML expose all of this? I have long thought the harsher these laws became the eventual downfall would follow.
In another thought, from another thread, someone should be doing a documentary on JANICE. Following her battles fighting an injustice for a perceived despised segment of society. Makes a great story. I’ll edit it if someone shoots it.
I am no lawyer, but I sure like the points made in the suit. To me it seems like any reasonable, non biased jurist would look over at the state’s attorney and remark that the law, “does not pass the smell test.” I hope that we can attack the registry itself.
I know that when I returned to the USA for medical treatment and after the treatment, when I flew back into Mexico, I was met at the airport and returned leaving probably $16,000 or $17000 worth of property in Mexico, lost with no due process or prior notification. I have been contributing and will contribute specifically for this suit.
It seems like the passing of the bill and the subsequent signing of the bill by the president was literally a non-story in the media. But the second someone stands up for our community, it all of a sudden starts to appear in the papers and evening news. How heart breaking it is to have the governments crime against our very humanity be completely overlooked by the media and the people who follow the news. I actually think that besides those of us on this forum and the lawmakers that passed this atrocity that not a single soul has heard anything about this. I actually believe that we are coming to a point in society where far more people than before are realizing that A. the registry is not effective and B. that a violation in our Constitutional protection today is just a stepping stone to violating a new class tomorrow. I wish I was just being paranoid when I lose sleep wondering what else they will come up with to continue to punish us. But the reality is that as long as we remain an unpopular cause to support on a political level, we will continue to pay for our indiscretions. People like Janice are not only a blessing but an actual miracle for registered citizens. I cant imagine how often she has to explain herself when asked why on earth she would dedicate this much effort to help what society has been fooled to believe are a bunch or rapists and murderers. I read so many of your guys’ comments and I’ve posted a few of my own. If the average person were to read how much pain there is in our words, many would realize that people are just people and we make mistakes. I personally don’t care what anyone here has done to end up in this position. However, my thought has always been that if you are at home and on a computer and on this website, than you certainly have paid your debt to society and should be allowed to live as such. I highly doubt that any of us are contributing to this site from a jail cell. I truly believe that if our community were given a chance to rejoin society and escape the second class status we’ve been assigned, we would prove so many doubters wrong. There are so many men in this room that are husbands, fathers, sons, brothers and friends that are dying to contribute to society from the bottom of their hearts but are forced to remain in the shadows wishing life was different. I hope that all of us and our families and friends stay strong and keep fighting for each other. I truly have not given up on society’s ability to understand that the registry is a money making machine utilized the very politicians we choose to represent us. One day soon we will be talking about this website in the same context as issues like same sex and biracial marriage. It wasn’t that long ago that our white fathers weren’t allowed to marry our black mothers and it was only a year ago that a woman had to love her wife in secret. We’ll have our day in the light.
Bravo Janice,
Very well done indeed, and very thorough.
I got turned back in Colombia, which should be on a compiled list of countries that won’t permit entry. GB, Australia, Mexico, Philippines, etc.
Another issue…medical needs. Cost of care in the US is, for many of us with certain conditions, prohibitively expensive. This is one of the reasons I wanted to go to Colombia, or one of many other countries with great health care at 1/5th the cost. I apparently cannot. So my knee work must wait. Obamacare will pay, but my insurer, Ambetter, will not reimburse anesthesia, so I could have it done but I’d have to be awake and bite a stick, I guess! So, this can be added to the long list of punishments and restraints.
In any case…thank you Janice.
Here is an article from Pace Law School:
https://pcjc.blogs.law.pace.edu/2016/02/11/international-megans-law-h-r-515-necessary-constitutional/
I will be a major contributer to the defense fund when I get back home. Cause if this identifier is put on my passport i will never be able to see my wife or children again. They cannot come to the US because of the AWA. But if I was a convicted murderer I could petition them. I am in Asia now possibly seeing them for the last time. I was just removed from the registry in New York and the Politicians there are back at it again. Assemblyman Dean Murray is introducing a bill to have all Level 1 offenders like myself put back on the registry for 10 more years. This leech is using the fear factor like Chris Smith. If someone could please give me an address to send donations.Im sick of this witch hunt. Can Paypal be used also?
Here is a really good article from Appellate Squawk that discusses the Sex Offender Registry and International Megan’s Law.
“We come not to praise SORA but to bury it. For the courts say its purpose is not to punish, but to protect public safety. And courts are honorable persons, otherwise they wouldn’t have “Hon.” in front of their names.”
“How is [SORA] different from parole, you ask, which nobody denies is punishment? If risk prediction under SORA is purely regulatory and non-punitive, shouldn’t it be based on scientific knowledge about what factors predict recidivism, not moral judgments?
That’s the consensus of psychologists who conduct empirical research on sex offender recidivism, but who cares what they think? Especially when their findings contradict entrenched beliefs. But the courts say that SORA risk prediction is a simple matter of, “if he did it before, he’ll do it again.” And courts are honorable persons.”
https://appellatesquawk.wordpress.com/2016/02/12/happy-20th-birthday-sora-may-you-die-soon/
Jason wrote “Under the letter of the law and philosophically, you guys are absolutely correct.
But remember, this is a country that has a constitutional protection against cruel and usual punishment, and we execute mentally ill people, and send people to prison for decades for drugs. ”
Those, as bad as they are, seem more like cruel punishment than ‘cruel and unusual’ whose conditions are present in the punishment-restrictions meted out to registrants, often in violation of ‘no ex-post facto’ laws rules. Strange, new, and sinister restrictions are what registrants are being subjected to which usually means whatever some tough-on-crime billionaire spins off the top his head or devotes money to support some sinister restriction already proposed by someone else ( like Chris Smith ) that needs money to get the wheels spinning.
“Slavery was fully legal for almost a hundred years under this Constitution.”
Ben Franklin, even though he himself was once a slaveowner, tried to introduce ‘gradual emancipation’ of slaves at the 1787 Constitutional Convention. Georgia and South Carolina walked out of the Constitutional Convention of 1787 to prevent that. True, almost 80 years later, slavery was abolished. But it’s not like everyone at the time was pro-slavery. The Union states didn’t all of a sudden decide slavery was wrong in the 1860’s. The anti-slavery sentiment was present for many years in many people. …
We have the 4th amendment that says “no search without a warrant” and yet we have a program to spy on all Americans.”
Not if Ted Cruz has his way. He has come out against NSA spying.
“I agree 100% to bring up ex post facto, but just because something is unconstitutional, doesn’t necessarily mean jack shit in the US.”
Eventually it should work itself out.
” The Supreme Court is divided, which means we have a chance, so definitely need to take a shot.”
20th century appointments to the SCOTUS are less ideological appointments than 21st century appointments, and the SCOTUS 21st century appointments I do not find particularly exciting. Of the 21st century appointments, of course the worst ones are Roberts and Alito. Scalia, who is getting up there in age and is predicted to retire soon, and Clarence Thomas are more wildcards. Look at Scalia’s comments on the US being rife for concentration camps. Look at Clarence Thomas support of states rights to legalize Marijuana. On that note, Ginsburg is not a sure-win on everything imaginable since she did validate civil commitment in 2010. But that is not exactly validation of the registry. Just as Ted Cruz, as Solicitor General of TX argued for Texas MDSO civil commitment, he did argue in favor of sex based offender laws, but not the same as arguing for the registry itself. In any case, Kennedy is a wild card currently. But he’s getting up there and is one of the 4, along with Scalia, Ginsburg and Breyer who may leave in the next Presidents first term. Kagan and Sotomayor seem more into diversity in terms of ethnic and sexual diversity, but not in terms of diversity of thought. I am hoping for the next 4 SCOTUS justices to be more anti-authoritarian than 2 of those being replaced, Scalia and Kennedy. That would leave it to 3 Justices, Thomas, Kagan, and Sotomayor as possibilities to vote our way. Of course Alito, Jr and Roberts will not. So that if any one of them ( Thomas, Kagan and Sotomayor ) votes to dissent Smith V Doe, its overturned. I do recall a recent decision where I was let down by Sotomayor, so I think she is not so freethinking. For this reason, I think a lot of this is in the hands of Kagan. Thomas too, but he seems to be a harder case, even if nominated in a time of generally less ideological appointments. This is all assuming Bernie wins in November. If Bernie does not win, then there are different scenarios.
I am a CA registrant since 2003. My offense was a dubious CP possession (misdemeanor). The misdemeanor was expunged in 2007, but I remain on the registry as an unlisted registrant who checks in 1X per year. Next week as it turns out. I will be pursuing a COR at the end of the year.
I will donate to Janice this weekend. And I thank you from the depths of my heart for the work you do at CA RSOL.
The IML language confuses me. It says the “covered” registrants are those where there is a child offense. Is misdemeanor CP considered a child offense given that there was no person involved in my case other than me. It was one image on a computer of someone I couldn’t prove wasn’t under 18. Any guidance would be appreciated. This IML development has just hit me like a ton of bricks. It feels like a visceral reaction of being attacked. My heart sinks every time I read an RSO development in the news. Thank you.
2/17 article: “Sex Offenders’ Scarlet Passports” in SF Weekly
http://www.sfweekly.com/sanfrancisco/news-sex-offenders-megans-law-obama/Content?oid=4486073