ACSOL Conference Call Nov 2 – International Travel [Recording added]

Conference Call Recording added here ACSOL’s will hold a public conference call on Wednesday, November 2, at 5 p.m. Pacific time. The topic of the call will be “International Travel” and the call will follow the same format as the previous calls. There will be a brief presentation of the topic to be followed by a Q&A session where call attendees may ask questions pertaining to the topic. Dial-in number: 1-712-770-8055 Conference Code: 983459 I look forward to having you call in. Sincerely, Janice  

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IML Report to Congress Addresses Passport Identifiers, Notifications to Foreign Countries

Three executive branch agencies — the Departments of State, Homeland Security, and Justice — have reported to Congress their plans to implement the International Megan’s Law (IML). The 17-page report also includes a request for an additional $9.3 million in funding each year to implement that law. According to the report, the Angel Watch Center (AWC) will provide written determinations to the Department of State regarding whether an individual is a “covered sex offender”. After that determination is made, the State Department will add an individual’s name to its existing…

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Judge Dismisses Challenge to Special Sex Offender Passports

Last week a federal judge in San Francisco dismissed a constitutional challenge to the so-called International Megan’s Law (IML), which requires special passports for sex offenders and authorizes notification of foreign governments when they travel. The lawsuit, filed last February by seven unnamed sex offenders who worry that the IML will impair their freedom to travel, argued that the law, which was enacted in February, violates the First Amendment by compelling speech, imposes retroactive punishment, violates procedural and substantive due process, and denies the plaintiffs equal protection. Phyllis Hamilton, chief…

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Sex Offenders International

It would have taken enormous courage to say no because it was a shockingly awful idea that played well to the simplistic and ignorant.  President Obama lacked that courage. Perhaps he’s too busy with his lame duck session. Perhaps he feared that a courageous move would have affected the chances of the Democratic candidate for president. Perhaps his talk of reform was just talk, and he’s every bit as good with bad criminal law policy as everyone else. No matter. He signed it. It’s now law. After months of hype…

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Federal Judge Dismissed Challenge to IML

A federal district court judge today granted the government’s motion to dismiss a challenge to the International Megan’s Law. The law, passed by Congress in February, allows the federal government to notify foreign countries that a registrant whose offense involved a minor is traveling to that country and requires the federal government to add a conspicuous unique identifier to their passports. “Today’s decision is a travesty of justice,” stated ACSOL president Janice Bellucci. “As a result of this decision, registrants’ lives will be placed in danger and their ability to…

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ACSOL Conference Call on September 28 – International Megan’s Law

ACSOL is pleased to announce that our first conference call will be on Wednesday, September 28, at 5 p.m. Pacific time. I will speak about our challenges to the International Megan’s Law and the State Department regulation which attempts to implement it. We will only discuss these two topics. Also, I will answer your questions. Dial-in number: 1-712-770-8055 Conference Code: 983459 I look forward to having you call in. Sincerely, Janice

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State Dept. restricts passports for sex offenders

The State Department is threatening to take away the passports of certain sex offenders. Federal law requires registered sex offenders to display a unique mark on their passports to notify officials in foreign governments when they travel abroad. Passports that do not contain the mark could be confiscated, the State Department said Thursday. Full Article Related https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-21087.pdf Janice Bellucci comment: According to the article, the IML case was dismissed which is not true.  The article links to an article from April 2016 which correctly reported that our Motion for a Preliminary…

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Janice’s Journal: We Need YOU to Help Restore Registrants’ Rights on July 27

A federal judge made a wise and brave decision on Friday. She granted a TRO which temporarily prohibits the City of Murrieta from evicting a registrant, who suffers from both medical and financial challenges, from the home of his sister, the only person willing and able to care for him. This judge’s decision is important because it is the first decision by a federal judge to limit the enforcement of residency restrictions in a California city. It can, and will, set a precedent in other cases both within and outside…

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International Megan’s Law (IML) Protest – July 27 in Oakland

Join California RSOL in protesting International Megan’s Law (IML), the law to prevent Registrant international travel, at the U.S. District Court in Oakland, California, July 27, 2016. The government has filed a motion to dismiss our lawsuit against IML, the recently signed law by President Obama, to keep Registered citizens in permanent internal exile. The court hearing for that motion will be at 9:00 a.m. in Courtroom Three of Judge Phyllis J. Hamilton, 3rd Floor, 1301 Clay Street, Oakland, California, 94612. We need as many of our supporters to fill…

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Government Files Motion to Dismiss IML Lawsuit [updated with Opposition to Motion to Dismiss]

The federal government filed a Motion to Dismiss the IML lawsuit this week. The government’s motion is based upon allegations that the plaintiffs in the case lack standing and that the challenge to the addition of a unique identifier to passports is not yet ripe. “The government’s Motion to Dismiss the IML lawsuit must be taken seriously,” stated CA RSOL president Janice Bellucci. “The motion, however, is not based upon legal precedent but instead upon wishful thinking.” In its motion, the government argues that plaintiffs lack standing because “they do…

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Janice’s Journal: IML – Court Denies Request for Preliminary Injunction

Today the dragon won.  That is, the federal government was given permission to continue its implementation of the International Megan’s Law (IML). The U.S. District Court in the Northern District of California denied our Motion for Preliminary Injunction which attempted to stop the government’s addition of a Scarlet letter to the passports of American citizens as well the government’s notifications to foreign countries that citizens intend to travel there. The court’s denial was based, in part, upon the legal concept of ripeness.  That is, whether the issue was ready (or…

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Challenge to “Scarlet Letter” travel law moves forward

Last week a federal judge heard the first arguments in a lawsuit challenging certain provisions of the recently-enacted International Megan’s Law (IML),* including one mandating that the passport of any American required to register for a sex offense involving a minor be marked in “a conspicuous location” with a “unique identifier” of their sex offender status. Other challenged provisions of the law authorize the Departments of Homeland Security and Justice to notify destination nations of forthcoming visits from those individuals. On Wednesday the court heard a motion for a preliminary…

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Janice’s Journal: It’s Over, But It’s Not Over

It’s over, but it’s not over.  What do I mean?  The hearing for the Preliminary Injunction requested in the International Megan’s Law (IML) case is over.  However, our challenge to the IML case is not over.  In fact, it has just begun. It is always difficult to argue a motion in federal court.  No matter how well you prepare, the judge can and does ask questions for which you are not quite ready.  For example, in this week’s hearing the judge asked a question about the use of a passport. …

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International Megan’s Law Injunction – No decision yet

2:30pm -This if from FAC as Janice speaks with media and others: — We just heard from those in the courtroom that today’s hearing for an injunction temporarily preventing the implementation of the International Megan’s Law (IML) is complete. Janice did a stellar job. The judge in the case did not make a decision at the end of the hearing. Presumably she will take some time, digest, investigate the law and then issue an order in the very near future. Can take days, can take weeks, unlikely more. We will keep…

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