FAC Letter to ICE/DHS Regarding Passports

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concerned that the Department of State has abandoned the process of notifying individuals that their passports have been revoked and, instead, simply revoking them without notice and then, when they unsuspectingly try to travel, prevent them from doing so.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.