International Megan’s Law – Travel issues becoming more prevalent for registrants.
In recent months we’ve seen an increase in members reporting difficulty traveling internationally. We’re also seeing countries that formerly admitted persons required to register, now turning them away. Just last month a member was denied entry into Greece, a country that was previously not off limits and a member of the European Union. It’s raising some concern over what will become over travel to the other 26 member countries of the EU.
We are also receiving information that the United States is taking a more active roll in blocking international travel by persons required to register. For example; US Department of Homeland Security Agents have pulled people off of airplanes in Florida before even departing, stating they were not able to enter the international destination. Also, the United States has opened 80 Homeland Security Investigations (“HSI”) Offices in 53 countries internationally. HSI agents have been waiting for persons required to register when they land in the destination country and turning them right around before they even have a chance to speak with the receiving country’s immigration officer.
While the government denies they play any role in determining whether someone can enter a foreign country or restricting international travel. Their actions contradict that assertion. They also claim that the notices are merely information and are not intended to block someone’s entry, but in this training video, they acknowledge that the SMART Office has compiled a list of countries that persons required to register cannot go to (“However, what we know is that many countries have elected to not allow offenders to come into the country. And so with this notification that’s done in advance, then the country at the time that the offender were to come to the country can make that decision. But we also know that there are, again, as I said, some countries that are not accepting offenders. And we have a list of those.”).
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From the 2017 IML FAQ on the USMS Website:
Does the USMS decide if a sex offender can enter a foreign country?
No. The USMS does not make any recommendations, nor does it have the authority to deny or approve entry of an offender into a foreign country.
My question is if a registrant is already a U.S. Citizen, how can Title 22 be used to give HSI jurisdiction to detain an offender in a foreign land? Much less turn them around and order them to go back.
I plan to travel to Europe soon. I
will post – at ACSOL and FAC – whether or not I have any difficulty upon entering.
I will be traveling to Europe in a month. Upon my arrival, I will post – at ACSOL and FAC – whether or not I have any difficulty upon entering.
I’m curious about something. And I know this is one of those “struck by lightning” things. But let’s say I somehow won 500 million in the Florida lottery and bought a yacht. Registered as a vessel of course…. what could they do if I said I was for example traveling to the Bahamas for 2 months, but while I was there for a week, I pulled anchor and shot over to a country that say did accept me? Or what if I decided I wanted to take a year long trip in my private yacht? I don’t actually see any specific laws stating I CAN’T do this.
Correct. However, all Registrants are required to submit the 21-day Advance Travel Notification to their local registration office. Be sure to keep a copy with you when you travel, especially upon returning to a U. S. airport.
I’ve wondered about the same thing as Bill. Isn’t the requirement to file notification of “intended” travel? Does the government’s interpretation mean a person can’t deviate from his original itinerary after beginning travel without a 21 day notice? Restricting that sort of adventurous wanderlust while on vacation is certainly a severe curtailment on one’s liberty. I’ve wondered this since hearing of the advance travel notice requirement. Does anyone have an answer?
@ Ed C.:. There is a section at the very bottom of the “Notification of Intended International Travel” for “Additional Comments/Travel Related Information”.
In that section, I state that my “Vacation travel might include a brief trip to Italy, Spain, Portugal, France, Belgium, ***.”
*** You get the idea – list any nearby countries you might even possibly have wanderlust to visit. I presume that legally covers me for such added adventures because I HAVE notified them, in writing, of that potential travel. They cannot say that I didn’t notify them.
@ Ed C: I should note this: Upon returning from my travels, I am invariably sent to secondary passport check. I am always asked what countries I visited. To date, I have only visited the primary country I list on my intended travel forum – I have not visited the secondary countries I have listed in the “Additional information” section. Therefore, I do not know what the reaction will be if I say I went to one of those countries.
But the fact is, I DID provide the information as legally required and I have proof of it because I have my copy of the received 21-day Notification of Travel form.
Has anyone heard of a passport card that looks like a license? Saw one last weekend when I was in Maine and wonder if those have the stamp too.
Registrants are ineligible for a passport card
I wasn’t aware of that. Are you certain? On what legal grounds?
Again, that’s only true for those who would receive the passport identifier( minors) Others I think should be able to.
I think if your crime was related to children, then you are ineligible.
Not just children – anyone under the age of 18.
To be clear, the DOS cannot fit the “unique identifier” wording onto the passport card. So if your passport is revoked and you are going to get a (new) marked passport, you will not be able to get a passport card. Sorry. 🤷🏻♂️
(Yes, I have an IML-marked passport. 😏)