International Megan’s Law: Cruel and Unusual Punishment
We hear a lot of heartbreaking stories from registrants and families. Some of the worst are when families are divided.
One of our members, who has a decades-old conviction, for which he got probation, left the country 17 years ago and hasn’t come back. He went on to live a good life in this other country, established a business, got married and had three children. In October, his mother fell gravely ill and he returned to see her. When he flew into the country (another state) he did what he was supposed to do and registered his one-week stay, letting them know he would be going home on November 7th.
Our country sent a “green notice” to the country he now (and for the past 17 years) lives, warning them of his arrival, flight information and registration flyer. Not surprisingly, the authorities were waiting for him and upon arrival he was immediately turned back. Unwilling to step foot in the US again, he’s currently exiled in a third country, unwilling to be subjected to a lifetime of persecution in the US and unable to return home to his family. He desperately misses them and they miss him.
Yesterday, one of the commenters on our site shared the sad result of their planned trip to Jamaica for their daughter’s wedding. She wrote:
ZAQ on April 4, 2018 at 10:18 pmThey turned us away! My husband will not be able to walk his daughter down the aisle in Jamaica or have the father daughter dance tomorrow.
After all the back and forth we decided to go and try. We all took flight together praying that my husband could talk to somebody we were with his daughter with the wedding dress and everything but NO.
We got sent on same plane.The minute we landed in Jamaica while on plane they made an announcement With my husbands name to meet airport staff at gate.
One thing they were polite and respectful. They allowed us to walk with my husband. They took him for a moment to another room. I was hopeful since they were being nice. But they told me before they told him that he’s going back to USA and asked if I was going with him.
I wasn’t going to stay with out him. He was destroyed.
They said USA regulation they put pressure and made agreement that they cannot allow anyone with this type of record even if it’s been almost 25 years level 2 or any.I’m so angry at the system! My husband has never had any other record. He took a plea when he was young didn’t know any better. He did make a mistake served 2 years.
I think they have to change something. If someone has gone so many years with out any offense, has gotten treatment, or evaluated they should be freed from this label.
What’s sad is I want to do something about it but i can’t expose my husband because he lives with this shame and fear!
It’s just messed up! They should tell you before you get on plane that this would happen!
We lost money, but most importantly we will miss thus very special wedding.
My step daughter and her fiancé were destroyed.
These stories are horrific! Imagine a daughter unable to have her father walk her down the isle. Not having her family with her on the most special day of her life!
Imagine a wife and small children not knowing when they will see their father again. A family without their bread winner. Stuck in limbo, potentially having to leave a home and business behind and start over in a new country.
It’s reminiscent of the pogroms in Eastern Europe or the persecutions in Syria. Only it’s the Unites States.
What a twisted, sadistic country we live in, that feels the need to torture the families of registrants! That is all the International Megan’s Law does – inflicts cruel and unusual punishment!
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I feel like there is a due process complaint against either IML, the Stare Department, or the Marshall Service over the use of an InterPol Green Notice.
The specific complaint would be that the government is alleging a citizen is “likely to commit a crime” in the destination country based solely on a conviction in their past and nothing else. A suit on this specific issue would allow us to submit the whole body of research about RSO recidivism, and would ideally use a plantiff such as this (or anyone with at least 17 years since their offense) who have surpassed all study lengths without reofending.
I know it’s often the first thought to challenge these laws on their face, but sometimes you get just as much benefit simply breaking their teeth.
All4ConSoLaws.org has filed a suit on procedural grounds, but we’ll take relief any way we can get it.
i was wondering how does this effect you if you have not been convicted but are required to register? I took a first offender plea.
If you never lost your voting rights it doesn’t.
May God help us all
Amen!
Having experiencing the disappointment, humiliation and financial loss of personally being turned back from Argentina (where I had previously lived for 6 consecutive years) after a trip back to the states I can tell you that there is nothing as devastating as building a life outside the US (and enjoying the freedom that allows) and then once again having the bloody claws of the US tear into you again.
I was told upon my attempt to reenter Argentina that all of my paperwork for them was perfectly fine however, the USA was requesting that I NOT be allowed in and returned to the USA.
This after 20 years of being totally crime free (not even a parking ticket) and after living out of the US for 6 years! I wish I had never returned as I had thought (foolishly) that I would not have any problems…well, should have known better!
I can tell you that the registry and IML are BOTH cruel, unusual, and totally unnecessary PUNISHMENTS!
The whole idea they use as a basis for the registry is “to protect the victims”…how are victims being protected in these situations? Its just destroying families and lives. For what?
There are legitimate reasons people travel that have NOTHING to do with sex trafficking, child molesting or raping. I’ll bet that 99.9% of these individuals travel for business, family reasons, or even just for pleasure. If they are on probation they are required to get permission to travel and if they are off probation, there’s no reason they should be prevented from traveling.
Family member’s don’t give 21 days notice before medical emergencies and it’s impossible to do business or plan when you don’t know if you’ll be turned around as soon as you arrive. When you’re in a position where you have to chose between rushing to a loved ones hospital bedside or going to prison for failing to give 21 day’s notice, it’s a horrible choice to make.
This is supposed to be a Christian country, not anymore. Where is the forgiveness. There is none. No matter what the lawmakers try to say this is punishment of the cruelest kind. Being under constant stress of what is going to happen next. Is some vigilante going to show up to kill someone, am I sure that all of the rules are followed, did I forget something. It is very depressing.
Sadly, this is our reality. In the first case, the gentleman had 17 years to seek citizenship or asylum or whatever in the country he’d been living in, but apparently failed to. And in the second case they KNEW Jamaica was turning away registrants and decided to try anyway, knowing full well what the results would be (and admitted so in the thread) then complained she didn’t know ahead of time. Both situations were avoidable. Yes, the system is unjust, but in most cases it is predictable. We can’t say we didn’t know when all the facts were in plain sight for everyone to see.
Anonymous – it’s not always so easy. Good luck getting citizenship anywhere with a sex offense and although they knew there was a likelihood they would be denied entry, you can’t blame a father for trying!
In the first case he could have written off his ailing mother and stayed out of the US and in the second case he could have compelled his daughter to get married in the US, but is that fair to a sick mother or the daughter? That’s the point here.
It’s like the other current event – the father who couldn’t visit his 9 year old son in the hospital. Sure, he could have searched for a hospital that will allow him to visit or not gotten his kid treatment altogether, but seriously, wtf?
In the first case I sincerely hope the US registrant is able to transit back to his new haven via a third country, as green notices only apply to trips originated from the USA. Hopefully his passport isn’t somehow permanently flagged and he can somehow make his way home, and this will be a lesson to be more proactive in seeking new permanent status elsewhere.
Both happily and Sadly, I’m in Florida for at least the next 15 years as I have shared custody with an ex spouse and I have small children. I hope that things will change in those years and that also in those years my travels to Europe will not be hindered, as I hope to seek refuge there once my children are grown.
Fortunately, the judge in my family court case saw fit to allow me shared custody (despite my ex attempting to use my status against me, even though my case predated our relationship) and my children’s schools have been very fair with me regarding my status and allowing me to be a part of their campus lives.
Hopefully, those successfully living as a RC outside our borders will seek permanent status somewhere else and take nothing for granted.