The below is a cut and paste (and redacted) version of a letter sent by the Florida Action Committee in response to one of our members’ passport being taken from him at the airport by 3 US Marshals as he tried to board an international flight.
We are extremely concerned that the Department of State has abandoned the process of notifying individuals that their passports have been revoked and, instead, simply revoking them without notice and then, when they unsuspectingly try to travel, prevent them from doing so.
September 17, 2018
DHS/ICE Angel Watch Center (AWC)SENT VIA EMAIL [email protected] Anita Mody Office of Legal Affairs Passport Services [email protected] RE: XXXXXXXXXXXX XXXXXXXXXXX REVOCATION OF PASSPORT AND DETENTION AT XXXXXXXXXXXXXX INTERNATIONAL AIRPORT Dear Ms. Mody and Others: I am president of the Florida Action Committee (FAC). FAC is a not-for-profit public safety advocacy organization. Our membership is comprised of over One Thousand (1,000) individuals in Florida and their families, including persons required to register as sex offenders. On September 14, 2018, the above-referenced individual was detained by three US Marshals at XXXXXXXXXXX International Airport. They confiscated his passport and did not allow him to board a flight to XXXXXXXXX, where he intended to travel. This individual is not on probation or federal supervised release. He properly informed the XXXXXXX Sheriff’s Office of his intended travel pursuant to the International Megan’s Law and applicable Florida Statutes. The passport that was confiscated was an unexpired US Passport. He did not receive any notice that his passport was being revoked and no forewarning that he would not be permitted to travel. I am writing on behalf of our members who are similarly situated. It has been our belief and understanding that “covered sex offenders” under 22 U.S.C. 212b are allowed to carry their existing passports that do not bear a “unique identifier” until that passport is revoked by the Department of State. Based on the experience of our member, that belief now appears to be inaccurate and DHS is revoking affected individual’s passports without express notice and preventing international travel by such persons until a new passport is obtained. Additionally, it appears that; according to a Federal Register, dated May 11, 2018 (https://www.gpo.gov/fdsys/pkg/FR-2018-05-11/pdf/2018-09995.pdf) “Moreover, in response to concern that covered sex offenders be afforded an opportunity to apply for and obtain new, compliant passports before their existing passports are revoked, such persons are on notice about the new revocation grounds and may always apply for a new passport with the required endorsement prior to expiration of or revocation of their current one.” Is it fair to assume that all passports of “covered sex offenders” have been revoked and they are not able to travel internationally unless/until they are issued a new one? If so:
- Where can an individual check to see whether they were determined to be a “covered sex offender” and therefore have had their passport revoked?
- What provisions, if any, have been made for individuals who have existing plans to travel internationally without knowledge that their passports have been revoked?
- Should individuals holding revoked passports expect visits from US Marshals to retrieve their revoked passports?
- Will holders of unexpired passports be credited for the unexpired term of their passports or will they have to lose all value and pay their fees again for replacement passports?
As you can imagine, this is a pressing and concerning issue for many individuals, so your prompt reply would be appreciated. Sincerely, s/ Gail Colletta, President The Florida Action Committee, Inc.
Have to reading this unfortunate story, and being one that is in possession of a valid US passport issued last October 2017, I decided to apply for a new passport. I received my new passport last week and it also does not have the sex offender designation. I don’t know what to do. There was no place on the application form that asked me if I was a sex offender. I guess I should have just written it somewhere on the form.
That’s really interesting. I wonder if there is a difference on how this is handled. I put in the information for a pending international trip to the police department. It wasn’t too long after that I received a letter notifying me my passport was now expired and I had to re-submit for a new passport..
I suspect you may just be in a weird loophole at the moment and once they audit the passport the next time you submit for an international trip it will be flagged and you’ll get a similar letter.
I do wish you the best of luck if you don’t get such a letter.
I’ve heard from several people that their passports were revoked shortly after reporting international travel.
They also have nowhere to designate that you are a registrant on the passport application OR to expressly request a “branded” passport. Many just want to get it over with and get a branded passport so they don’t make plans to travel and then have their passports revoked on them.
We are advising people to reach out to:
Anita Mody
Office of Legal Affairs
Passport Services
[email protected]
If anyone does and has feedback, please share it.
I emailed them September 19th about my lack of an identifier and my concern over an upcoming trip and never received a reply.
The government has created such a convoluted and confusing system that even those who are charged with managing it can’t keep up with it. This is a good indicator of just how useless the system is…serving no purpose and costing tax payers ‘beaucoup’ dollars.
I ccd you in my email to Ms. Anita and ICE
https://www.usmarshals.gov/megans-law-faqs.html
So I called the phone number on this website and I spoke to a US Marshal in DC. I explained to him my concern about traveling with a passport without an identifier. I asked him if I was a covered sex offender and he said if my victim is a minor and I am required to register than I am. Withheld adjudication or internet sting operation does not matter.
I mentioned to him about a registrant who had his passport confiscated at the airport for not having the identifier and he denied this. He said the state department would likely not revoke my passport until I report international travel and that it would still be valid for 90 days. He emphasized that they are not restricting travel or confiscating passports but who knows what the truth is. Maybe he just doesn’t know.
I have a trip in January and I am contemplating reporting it sooner than later. Nothing says I can’t report it 4 months early and maybe that way I can get my passport revoked and fixed in time. What do you guys think?
Ask them for the authority on where it says it will be valid for 90 days. That’s completely incorrect.
As noted elsewhere in this thread, the main problem is not the inconvenience of getting a new passport with that identifier on it. The bigger worry is that as soon as officials in another country see it, they are going to assume that you are too dangerous to be permitted entry into their country.
That does not apply to every country and if we are limited to certain countries than so be it. I can work with that for now. My concern is having my passport without the identifier confiscated at the airport and losing money on my trip. I would rather just get the identifier and avoid that risk but there is no way of doing so until the State Department revokes my current one.
I agree with you. Just wanted to share what I was told. I was hoping more of us would call that number and make them aware of what is really happening and maybe they will change their policy.
Thank you for all that you do. I hope you have better results than I have had. A clear definition of who is subject to the IML would be great also.
Mike, please read the companion FAC thread, I did some legwork to answer my own question:
https://floridaactioncommittee.org/iml-and-who-to-contact-with-questions/
This case is a perfect case for federal injunction just like the original Muslim travel ban. I Can’t believe the ACLU hasn’t had an emergency hearing in fed court over this case!
The ACLU has demonstrated to me a lack of interest when it comes to”registered” citizens
Gene – I don’t know how you can even suggest that in this forum. The ACLU of Miami, ACLU of Florida and National are all pitching in on our SORR challenge. They have represented us in a litigation that’s lasted since 2014 – to the 11th circuit and back! They are fronting enormous litigation costs and bringing in the experts in this field.
They are one of the ONLY organizations that have taken an interest in our cases.
Perhaps I should have specified individual “registered” citizens. The ACLU is not interested in helping individuals. The ACLU has been disinterested on every occasion I have contacted the ACLU with a problem.
It seems to me that the ACLU is more interested in causes that will draw media attention and loses most of those battles.
I have quit contributing to the ACLU.
Correct – like most organizations with limited means they need to focus on cases that will have broad impact, not benefit only one person.
We get emails all the time with heartbreaking personal issues, but we need to focus on challenges that will benefit our membership – not one member.
The ACLU in Michigan has been a great help to registered sex offenders. However, they do not have access to a ton of money, so their efforts are not geared toward individuals. Even though the way officials have handled this passport thing is heavy handed, it is the new law. The government falls back on the old adage, “Ignorance of the law is no excuse.” And since people aren’t being locked up at the airport, the only recourse is going to be civil lawsuits, which are expensive to pursue. It will also be difficult to prove that unfairness has occurred, since the law WAS publicized. The new problem will be when other countries refuse such travelers entry once they arrive. Besides further alienating offenders from family members in other countries, it throws up another employment barrier for positions where international travel is required. All without any evidence that those of us who it affects are any more dangerous than anyone else.
Thank you for putting this together. I have a couple of international trips coming up and I’m hoping I can hold out until I’m required to get a new passport as mine expires in April of 2019.
I notice in the old law 22 CFR 51.65, https://www.law.cornell.edu/cfr/text/22/51.65 (USCIS website says the same), notification is not sent, but just is provided in writing. Could it be just provided in writing by USMS hand at the time the revocation is taking place and still meet the intent of the law as written? Not saying that is right, but if it meets the intent… Has this been amended by the Fed Register text officially?
The Fed Register you provided states notification will be sent, which tells me they are specifically making an effort to mail the notification of revocation.
This begs the question, to me at least, if the physical notification sent is not “received” and/or a passport is not returned, then will a physical revocation happen at the point of departure much like this person received?
I have an unexpired passport and would like to know if my passport has been revoked. What must I do to get a new passport?
You can apply for a new one by filling out a DS-11 Application and mailing it in. It might be better to go to your local post office or Courthouse and take care of it in person. Call first to see if they provide passport services.
I agree.
Looks good!
Good letter. Put these bureaucrats on notice that their every action will be questioned. Don’t let them get away with anything. Until they start putting the ‘sins’ of all American citizens on their passports as far as I am concerned they can place their IML policy where the sun don’t shine. It’s time we take a stand.
Saaaaaalute!👊🏼