SCOTUS: Removal of an immigrant for “sexual abuse of a minor”

The facts of the case sound like an episode of “Law and Order SVU.” In 2000, Juan Esquivel-Quintana’s parents lawfully brought him to the United States and settled in Sacramento, California. When he was 20 years old, Esquivel-Quintana had consensual sex with his 16-year-old girlfriend. He later pleaded no contest to violating California Penal Code § 261.5(c), which criminalizes sex with a person “under the age of 18 years” when the age difference between the parties is more than three years. Esquivel-Quintana was sentenced to 90 days in jail and…

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Reason Magazine Questions IML Decision, Other Federal Government Actions

The April 2017 issue of Reason magazine is focused upon federal government actions that result in harm to registrants and their families. The magazine is currently available by subscription only and can be obtained at a price of $15 for an annual digital subscription at www.reason.com. The magazine includes a discussion of our challenge to the International Megan’s Law (IML) and includes accurate statements about the lawsuit and some of its plaintiffs starting on page 34. The article also criticizes the judge’s decision and concludes with the following statement: “What’s…

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Companies Expanding Employment Opportunities

More than 100 companies have announced that they are now willing to hire individuals previously convicted of a felony offense. The companies range from McDonald’s to the New York Times and also include American Express, B F Goodrich, Dunkin Donuts, Hilton Hotels, the Salvation Army, Target and others. It has been reported that some, but not all, of these companies are willing to hire individuals convicted of a sex offense. California law prohibits employers from discriminating against a registrant solely because he is required to register as a sex offender…

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Want to Make a Lie Seem True? Say It Again. And Again. And Again

YOU ONLY USE 10 percent of your brain. Eating carrots improves your eyesight. Vitamin C cures the common cold. Crime in the United States is at an all-time high. None of those things are true. But the facts don’t actually matter: People repeat them so often that you believe them. Welcome to the “illusory truth effect,” a glitch in the human psyche that equates repetition with truth. Marketers and politicians are masters of manipulating this particular cognitive bias—which perhaps you have become more familiar with lately. Full Article

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What In The World Are “Traveling Pedophiles”?

I read an interesting article regarding NJ Rep. Chris Smith, author of the International Megan’s Law ,which has just completed it’s first year in existence. According to Smith who met with a delegation from Thailand which included Ambassador Pisan Manawapal and representatives for the Royal Thai Police, gratitude for the law was expressed. Purportedly 160 convicted sex offenders tried to enter Thailand during the past year. Worldwide 1,780 notifications of “pedophile travel” were sent to 64 countries, particularly those known to be destinations for child sex tourism. Full Editorial

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International Megan’s Law: One Year Later

One year to the date of its enactment, Rep. Chris Smith (NJ-04) reports that the International Megan’s Law is already having the intended effect of reducing the threat of child sex tourism.      Smith, who authored the bill, met today with a delegation from Thailand who expressed deep gratitude for the enactment of the law. During the meeting, Ambassador Pisan Manawapat, joined by representatives from the Royal Thai Police force, indicated that in Thailand alone, over 160 convicted sex offenders were caught trying to enter the country. Worldwide reports indicate…

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Putting Trump’s Travel Ban and IML into Perspective

It’s been just over one week since Trump’s Travel Ban targeted certain immigrants and global citizens.  For those who followed this act day by day, it was very tumultuous week.  During the first few days, foreign green card holders and visa holders were instantly deported back to the country where their flight came from.  Some were detained for questioning by DHS and released.  The US government revoked between 60,000 and 100,000 visas that it previously approved for travel.   Civil rights and immigration attorneys quickly filed lawsuits.  One week later,…

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Say no to restorative justice for sex offenders (Opinion)

The debate around the Senate’s possible confirmation of Betsy DeVos, President-elect Trump’s nominee for Education Secretary, should kick start a national discussion on how colleges and universities handle sexual assault. Recently, much of that conversation has revolved around “restorative justice,” programs that aim to respond to misconduct or crime by redressing the harm inflicted on victims and the community, rather than simply punishing offenders. As a victim of childhood sexual abuse myself and an attorney who now represents sexual assault survivors every day, I can say without doubt that restorative…

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President Trump Nominates Judge Neil Gorsuch to the US Supreme Court

Today, President Donald J. Trump nominated Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit to fill the Supreme Court vacancy created by the passing of Justice Antonin Scalia. The nomination of Judge Gorsuch comes after a selection process marked by an unprecedented level of transparency and involvement by the American voters. White House News Release

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Sex Offender Laws: Fair for Some, Draconian for Others

In my previous posting to this site, “Is it Automatically OK to Hate Sex Offenders?,” I discussed the various types of sexual offenders, noting that some are more likely to respond to treatment and less likely to reoffend than others. In this follow-up article, I discuss the fact that even though not all sex offenders are created equally, they are uniformly subjected to the same highly punitive and largely inflexible sentencing laws. Full article

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The government made me a sex offender

I stood silently as the customs official swiped my passport through the card reader at his station. He swiped it again then lifted his head and stared at me judgmentally. Turning to his terminal, he began typing frantically. “Is something wrong?” I asked, knowing that something indeed was wrong. “Is it the magnetic strip?” “No,” he stated tersely. “The computer has flagged you as a sex offender.” He called out something like, “I need an assist,” and a rather large agent quickly approached. “Sir, you need to go to secondary.…

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The FBI ran a child porn site to catch predators, and now the accused are crying foul

When ____ ____ ____ logged into a large child pornography website and downloaded images using his work computer, he was charged with receipt and possession of child pornography. The operator of the website that was exploiting children, however, was not arrested. That’s because it was the FBI. And federal prosecutors are defending the agency’s decision to secretly hijack and peddle child porn for two weeks as part of a sting operation. Full Article

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New bill in Congress affecting sex offenders

There is a new bill in Congress HR 61 – Fair Chance for Youth Act of 2017 the purpose being “To provide for the expungement and sealing of youth criminal records, and for other purposes.” However, if the offense is a sex offense, that youth would not be eligible for expungement and sealing of youth criminal record. Again it seems that more than the “offense type” should play a part in any denial, but I am not in Congress. Readers should contact their representatives in DC and try to get…

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U.S. Sentencing Commission Seeks Public Comments

The U.S. Sentencing Commission is seeking public comment on proposed amendments to the federal sentencing guidelines. The deadline for public comment is February 20, 2017.  One of the proposed amendments is related to first offenders and alternatives to incarceration. The Commission plays an important role in the sentencing of individuals convicted of federal sex offenses, including possession of child pornography.  Written comments should be sent to the Commission by either electronic mail or U.S. mail. The E-mail address is [email protected] and mailing address is U.S. Sentencing Commission, One Columbus Circle, N.E., Suite 2-500, Washington, D.C. 20002-8002,…

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California court upholds child porn reporting law

Therapists in California can be required to report patients who have looked at child pornography on the Internet despite the therapists’ claim that their clients are entitled to confidentiality and pose no threat to children, a state appeals court ruled Monday. Full Article Decision Background:Los Angeles Drug Counselor to Therapists: Don’t Out Child Porn Patients Assembly Bill No. 1775

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“How I Got on the Sex Offender List” — By a Mom of Three

Sometimes when I post about the Sex Offender Registry, I get comments like, “Those scum don’t deserve to EVER live a normal life!” This note below is to remind us that a study of 17,000 people on the registry by the The Georgia Sex Offender Registration Review Board found that about 5% were “clearly dangerous,” and 100 could be classified as sexual predators. Not that the other thousands and thousands of registrants were all Romeo and Juliet cases, or teens who sexted. Just that most people who have been arrested…

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