“Sex offender” question to be asked on passport applications.
International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders, known as IML, requires the State Department to include a unique identifier in the passports of registered sex offenders covered under the law based on their conviction for a sex offense against a minor. When an offender travels internationally, this identifier enables the U.S. Marshals Service National Sex Offender Targeting Center (NSOTC) to inform destination countries, and DSS to notify regional security officers.
Although IML specifically authorizes the department to ask passport applicants their sex offender registration status to identify who is covered by the law, Mr. May learned that application forms currently do not include this question. Further, the Department of Homeland Security (DHS) does not have the capacity to preemptively check the estimated 900,000 registered sex offenders in the U.S. to determine who is covered by IML. Counterparts in DHS’ Angel Watch Center (AWC) indicated to Mr. May that, if checked, as many as 500,000 of those individuals have convictions against children and would therefore require a unique passport identifier. By asking the question of applicants, AWC could focus on offenders most likely to travel.
Since the law was implemented in 2017, NSOTC and AWC have urged the department to include the question of sex offender registration status on the passport application form, as intended by the IML authors. Instead, Mr. May found that the department actively denied the request for years, suggesting that anyone honest enough to answer such a question would also volunteer their registration status on the form without being asked. In reality, the policy garnered just 80 self-declarations out of an estimated 60,000 covered offenders who most likely applied for passports from 2017 to 2020.
To address this critical omission, Mr. May organized stakeholder meetings with the Bureau of Consular Affairs, AWC, NSOTC, and DSS. He informed department leadership that IML implementation problems were also of grave concern to America’s leading child protection organizations, nonprofits, and reporting centers, drawing the attention of the department’s own Office to Monitor and Combat Trafficking in Persons and the White House’s National Security Council.
Mr. May dedicated significant time and expertise to improving the passport application process in order to combat the sexual exploitation of children. He repeatedly raised the issue to the appropriate bodies within the department, despite the risks involved. as some in senior positions continually dismissed the problem and rebuffed proposed improvements to the system.
“I am most perplexed as to why we have resisted so,” he tells the Journal. “At first, some in the department misunderstood the scope of the problem, believing that the number of potentially covered offenders under IML was 5,000 and not 500,000. But even after we saw the true number, no progress was made.”
I am curious, would those designated by the FDLE as ‘out of state’ on the FL registry, who are not required nor able to update the registry since no longer in FL, and removed from their own state of conviction’s registry, be required to say ‘yes’ when asked on the passport about registry status? ‘
Yes
I am concerned for out-of-staters who’ve completed their rehabilitation and earned registry in their home state but are effectively barred from international travel by a Florida state law enforcement procedure.
I gotta believe there’s a constitutional issue in that fact alone, but I can’t think what (I’m no lawyer).
We agree with it. This is an issue that all state’s affiliates should come together on and challenge. It is something we would love to participate in, but don’t have the financial resources to take on independently.
I have always heard say that the US has the best justice system money can buy. While I like to believe that not to be true, however situations such as this certainly gives doubt to my confidence in the US legal system.
This is quite debatable. According to a unanimous SCOTUS, in the Nichols case, SORNA did not require Nichols to update his registration in Kansas once he departed the State. The Court held that merely listing an individual on a state registry after s/he has moved out carries zero weight as far as IML enforcement.
The High Court examined the SORNA statute and concluded the law applies only to individuals who reside, work, or study in a given state/territory where they’re required by state law to register for a sex offense conviction.
According to the Court a state’s mere continued listing of a past resident on its registry is not legally considered to be an “involved” state under SORNA for enforcement purposes.
A unanimous Supreme Court held: “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.“
Here’s the text of the holding – https://www.law.cornell.edu/supremecourt/text/15-5238
I appreciate the debate. Nichols didn’t involve the branded passports at all. Nichols was prosecuted for not checking out of Kansas.
Section 8 of IML covers the “UNIQUE PASSPORT IDENTIFIERS FOR COVERED SEX OFFENDERS.” While the title suggests the identifiers apply to “covered sex offenders” as defined in the definition section of IML (and would be “offense based”), Section 8 has it’s own definition of “covered sex offender”, which is: “(1) the term `covered sex offender’ means an individual who–(A) is a sex offender, as defined in section 4(f) of the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders; and (B) is currently required to register under the sex offender registration program of any jurisdiction;”
Thank you. …my point was that under Nichols merely being listed by Florida after one moves out and has no ongoing connection to the state doesn’t qualify as “currently required to register” for SORNA purposes.
SCOTUS made it clear in Nichols that the Feds can’t assert SORNA prosecutorial jurisdiction on the basis of appearing on a registry in a state where the individual has no current connection (because the individual doesn’t actually live/work/study in Florida).
Plus when one moves out of Florida there are no ongoing updates required by law. Therefore in what sense is one “required to register” in Florida after moving out? It’s just a dead listing. Florida can’t assert ongoing jurisdiction under SORNA .
Thank you.
The mark on a passport, or lack thereof, is superfluous as the 21 day notification and all information it entails already notifies this government and whoever they feel necessary to notify in advance of travel internationally. With that in mind I had no inclination whatsoever to “notify” the passport office of my past legal history when it came time to renew, nor will I ever until legally obligated to do so.
Regarding the mandatory notification in the passport itself. It is in the same area as marking ones drivers license… Unnecessary and punitive. It IS compelled speech but will continue to be overlooked until it is legally, and successfully, challenged.
If you leave Florida to another state, and no longer have to register in the new state, how can it be said that you are still required to register in Florida?
“is currently required to register under the sex offender registration program of any jurisdiction;”
If they wanted it apply to places you may speculatively relocate to than it would say that. The word “currently” means right now. In Florida you would need to establish permanent, temporary, or transient residency there prior to “currently” being required to register.
You have a valid point. Most of what I post is not because I agree that it’s correct, constitutional or even effective. I just cite code and statute and one lay person’s interpretation of it. Because we hear from a ton of registrants who experience all kinds of situations, we have anecdotal information from people who have tested some of these theories.
This is a great catch by GL that helps make the statute more vulnerable by virtue of its plain language.
If only the affiliates were as good at challenge-specific fundraisers as FAC is….
I’m am still confused with the Florida Sex offender laws. If my wife and I go to Florida, we live in Michigan, for a week or more for vacation am required to register there?
Yes
Life is full of challenges. Come to Florida, live a decent lifestyle while here, and go home. What these legal idiots in Florida don’t know, won’t hurt you. Just my opinion. After years of landing on aircraft carriers, it is difficult to get concerned over some useless piece of paper.
Thanks.
Giving this further thought. Suppose you did not have to currently register where you reside (because you no longer had the obligation) or currently in any other jurisdiction for any reason, and you did not have to register in Florida (because you no longer had a permanent, temporary or transient residence). How could they apply the IML to you. You have to provide 21 days notice of travel to a registering entity, so in that situation, in what jurisdiction would you even be authorized to give the 21 day notice? For that reason alone, being “currently” required to register being a requirement for the IML to apply makes sense.
Mable
Not just yes, but you cannot unregister. Once on the Florida registry, the registered person will be on the Florida registry for life, even if you get off the registry in your own state. FAC stated in the past there are even registrants who have since passed away that are still in the registry.
Depending on what county you visit (Seems the rules are inconsistent) You might even get an in-person verification visit from local police or sheriff’s office. Florida is a great place to visit overall, just not so pleasant for registered folks. But many have come and later stated that they had a stress free stay, again it just depends on the county you are visiting.
better check with local ordinances too. Some have proximity laws like Brevard and Miami Dade area where you will not be allowed to stay in almost all of the hotels and visit any of the tourist attractions in their county or be arrested due to proximity to illegal areas where children congregate.
We stay in Cape Coral. I have never been hassled. Our last visit a plain clothes detective showed up at the rental, he was very polite, stayed maybe 5 minutes.
This will not fly. It is compelled speech.
It is law. It’s flying. It might and should be challenged one day, but until that day comes, everyone should comply.
So are those flyers/notices they make us put in the newspaper in Louisiana. THAT’S compelled speech as well, but we’re made to do it.
Tearfuleagle
well there are lots of people who have sex predator on their drivers licenses. What nurse is going to treat you fairly with that slammed across your face on your license.
I do not have that but I do have a florida statue on mine. Once that was scanned in by the nurse, 2 different doctor’s offices sent me letters stating “For reasons beyond our control, we can no longer provide you care. Good luck in your future health journey.” Both of the doctors offices are affiliates of Advent Health. I have a 3rd doctor who 1/2 through my treatments suddenly said I was cured and I did not need to ever come back.
Thankfully I have not had that issue. God has been good to me. The only issue we have had is when we put a sign in my yard about my oldest daughter being student of the the month. Someone called the private Christian school and outed me. I have gotten odd looks at times but no real discrimination. Prayerfully this year coming up the tides will change for those of us trapped on the registry. I hear Vermont has great summers.
tearful
So they didn’t care they also hurt your daughter in the process? 🙁
I am a strong Christian myself but can tell you, often the church can be the most judging. They are always trying to get me to be “more involved” but I just say “ok I’ll think about it”. I tend to go to larger churches and blend in and leave right after service.
The small church I was going to I got outted when someone recognized me and made a complaint they “Either I leave or they will and their “Sizable” donations with them. The pastor came to me in confidence and said he did not know what to do. I told him I would take the burden off him, gave him a hug and said my goodbyes. We stayed in touch for a while until he was eventually transferred to another church somewhere.
There are a lot of people on my street who go to church but wish me to “Go to Hell” and give me death stares every time they see me in our yard. Funny the non Christians treat me better than the Christians. Again, I am a Christian myself but many seem to be “Selective” Christians. They pick and choose which parts of the bible to disregard such as “Love thy neighbor as you love yourself”.
So sorry this has happened to you. The church wants to grow but doesn’t want to forgive I am not saying that should forget but they should treat registered person with respect. Before covid when we would to the church I would always wonder if some one knew but we go to a large church. Funny as one of my past supervising officers goes to the church I go to. God is great look forward. I treat the Fdle folks with respect and so far 16 years reporting almost 10 on paper before that I have always been respectful and respected. Even after getting stopped three times while delivering papers and once for a headlight out. Each time respectful and respected. Doesn’t mean I like it though I get ptsd every six months when I have to go in.
Tearful
I am illegally having to register 4 times a year. I spoke to 5 different lawyers who all say that is incorrect and they could have it corrected. The lowest quote I got was $1000 and that was 3 years ago. I do not have that money and even if I did, an extra 2 times a year for an hour of my time is not worth $500 an hour. AND all the lawyers stated there is no guarantee they would win even though it is incorrect.
For years I only had to register 2 times a year. I challenged the FDLE on some incorrect info on my page. They corrected that but then immediately changed me to 4 times a year. Even the deputy who comes to my house to do a home check says that is wrong as he only comes for a residence check once a year.
I am surprised they have not gotten away with making all of us go once a month. Although there should be no registries, I remember when it first came out, I only had to go in to register if you had changes or corrections to report.
I suppose that I am just blessed. I am welcomed in my church and in my neighborhood. If it wasn’t for the ‘registry thing’ I would love living in Florida…although I am currently happy with my life and children and their families in Brevard County. I am convinced that God made a way for us to get back together…in spite of some legal authorities years ago.
Capt Charles
Without saying your name, I told my Mom and Dad what happened to you about being banned from entering the base. My Dad is a retired Naval Officer and both my Mom and Dad said that was not right what they did to you. The conversation came up because they wanted me to ride over there with them, I think it was Patrick base they go to.
I also asked why they no longer had a base sticker on any of their cars and they said no more stickers, everyone has to show I.D now. So I told them I would not be going because if I was blocked from going in with them, I didn’t want to stand outside the gate for hours waiting for them to come back out.
Your comment proves what I have been saying for years. I tried to warn people that Drs and hospitals were going to refuse health care because of the registry. They already refuse admission to nursing homes and will not let someone in an end of life scenario stay with family members if the home is too close to a “child safe zone”. These are heartless monsters.
Mr. May is looking to get a feather in his cap.
There’s always people like this working in the background setting us 3 steps back. The sad part is, they actually think all these machinations are necessary.
They can’t make it work.
In the link, scroll down until you see Steven May, who claims to have protected children.
As long as we’re going to have IML, we may as well have the question on the application. ACSOL has recommended that registrants get the identifier, but you had to draft a letter to perplexed bureaucrats in order to get it.
IML is, of course, a boondoggle, having not prevented a single crime, as far as we know.
All true, and now thousands of people who should have gotten the identifier, but didn’t, are being somehow painted as a security loophole that needed to be plugged. If any reputable journalist is reading this, just go to the International travel section of the Alliance for Constitutional Sex Offense Laws and see for how many years REGISTRANTS have been complaining about this bureaucratic nightmare we’ve been subjected to just to get a valid compliant passport.
Placing questions on forms is considered heroism among Foreign Service officers and other bureaucrats.
Thanks for the good laugh!
Can’t believe I once considered taking the Foreign Service exam. Many of these people are champion paper pushers.
Steven May has managed to persuade his peers of his heroism, but it’s simply bureaucratic theater.
Oh, I can tell you the real reason they don’t ask the question…I applied for a passport in 2020, paid my $130 (or whatever it was) fee and got my passport. I used it once then got a letter in the mail saying it didn’t have the sex offender wording and it was now invalid. I needed to request a new one with the identifier for another $130 if I wanted to have a passport.
The EXACT same thing happened to me, except… I didn’t get the letter, I was stopped while boarding my next flight and my passport was confiscated. Two weeks LATER, after I’d already re-applied, I got the letter.
They really want that $130.
Who confiscated your Passport? The Airline?
Same thing happened to me. Had to pay again even though it was a miss print on their part.
I am off of the registry in my home state. However I was made aware that I am still on Florida’s registry “as out of state”. I took a small vacation there and had to report. And it doesn’t look like I can be removed until 20 years is up. Do I still need to notify NSOTC of international travel even though I’m off of the registry in my home state?
I’ve asked this question a plethora of times, let me know if you get the answer. 🙂
The answer is a very clear YES. According the attorney I hired – being actively listed on the Florida website triggers the need to submit your INTERNATIONAL travel plans 21 days in advance regardless of NOT being required to register in the state you reside.
Thanks for the definitive answer regarding international travel. Now, can you give a definitive answer on domestic travel in the same scenario (which is notifying the states you travel to, other than to the state that you’re stuck for life on the registry [Florida])?
As an actively registered person in the state of Florida (even though you and I do not live in the state) we will show up on the National SO registry (https://www.nsopw.gov/).
Therefore, you need to follow the rules of the state you are visiting in regards to where you stay in some cases and how long you can be in that state before you are legally required to register with the local authorities.
In other words, as long as you are registered in the Florida you are most definitely not free to roam the US without great caution. But it’s not punishment…
Next summer, my 25 yrs will be up with the federal government. If I move from Florida to Maryland, where I won’t be required to register (even though Florida will keep me on its registry), I will apply for a passport and will travel internationally without notifying anyone. That’s because my responsibility with the feds will be over and I won’t have one with Maryland. Florida may cause me to remain on the national registry, but that won’t affect my plans to travel internationally.
There comes a time in our lives when we have to take a stand against tyranny, be it lawful or unlawful. My United States offers forgiveness and restoration. Some of these tyrannical politicians can take their so-called laws and place them where the sun don’t shine. Every opportunity is an opportunity to show others how we live in accordance with human decency and to let others know that we do not respect any form of government that focuses on destroying our liberty after a price has been paid. I did 29 years of military service to earn my liberty and I will not easily give that liberty up.
Please update us as to the outcome of your international trip. If you wouldn’t mind giving us feedback that is always appreciated and potentially useful to others.
If I make the move, I certainly will. In fact, any time that I learn anything that I think will help folks on this message board, I will share it.
“(B) is currently required to register under the sex offender registration program of any jurisdiction”
When I called the FDLE several times over the past decade, a supervisor told me my out of state registrant is not required to register or update (his decade old) registry information. So he is not currently required to register. Could that make a difference with IML (B) language of ‘currently required’?
could be…
The statute says that?? Good catch Mable!
Out-of-staters are NOT required to register, after all. They’re listed on the registry and maintained on the website, but that is not the same as an obligation to register, as paralegal Larry N reminds us every week, whenever Florida is mentioned on his podcast.
Unfortunately IML is not administered that way. I’m no lawyer but whomever brings the next court challenge might raise the issue of the plain language of this statute.
Many states also have language to the tune of “if you have ever been required to register in another state, you’re required to register in that one as well.” Paraphrasing..
Ben
If I had the money I would travel to all 50 states. Could you image being on all 50 states registry? Yes I am being facetious but these rules, laws and ordinances get worse and more draconian with every session. I already feel somewhat like I am on house arrest.
Come on, Jack. These tyrants have to have some sort of justification to support their jobs and income. Maybe we need to have a ‘Be Kind to Tyrants’ day. If the only way they can earn a living is by degrading other citizens, give them a break. They need to be able to earn their beer money.
And keep in mind, law enforcement arrests a lot of people who shouldn’t be arrested either due to lack of knowledge of the law or even “They will just let the courts sort it out” attitude. Even if the arrest is thrown out, you still have an arrest on your record, making it much harder to get off the registry. (Even sealed records can be accessed with a court order)
A lawyer I use to see back when I could afford to, told me just stay home until your 20 years is up just to be safe. Well I already feel like I am in prison in our own home. I cannot even imagine the depression rate of people and their families on the registries. My Kids are grown now and my grandkids legally changed their last names (With my blessings) to avoid harassment at school and with playmates.
If I had not left Virginia to help my parents here in Florida, I would no longer be on a registry (I am no longer on the Virginia registry where my offense took place) and my voting rights would have been automatically restored. I like Florida and the many friends I have made here, but our politicians need to move into at least the 20th century. Salem witch trials are over.
Hello I was convicted in 2003 I was 19 the girl was 15 I just renewed my passport 5 months ago I have no identifier on it I gave my 21 day notice in November I am going to the Bahamas in a couple weeks I have heard stories where people get to the airport and since they do not have the identifier on their passport they get their passport confiscated and basically their passport is invalid I just want to know what I should do since this trip is so close
I feel for you. I’ve had the same concerns. However, I’ve tried 3 times over the last several years to get any kind of response from the Angel Watch people in our government. The feds will not communicate with me at all. So, cross your fingers, I guess. Also, if you’re eligible for the Romeo and Juliet exception to the registry, I’d check into it.
Hello john i am applying for a passport for the first time do i have to send in a written statement of my SOR status with the passport application?
How did it worked out for you? Did you get to go without a problem?
-Is this lawsuit challenging the Scarlet Letter printed on US Passports still open?
https://apnews.com/article/5cbfe1d585314622bc400aad7fef1b4a
Is a 2018 case in distrct of California ?