A member just advised us that as he was about to board an international flight (which he properly reported under IML) he was approached by three US Marshalls who confiscated his passport and told him he had to get a new one with an identifier. He was not permitted to travel and he had received no prior notice that he had to update his passport.
My passport – issued six months ago – was confiscated at the gate yesterday by U.S. Customs as I was boarding an international flight. No explanation given, no questions answered. “It’s revoked. Call the State Department.” When I tried to ask further questions, I was told to leave or be removed. Airline would not refund my ticket. State Dept. gave me an address to write (snail mail) with my questions. Web searches today give me tons of info that my passport SHOULD have had this identifier. But it DIDN’T. They never asked if I was an SO on any form I filled out. There was nothing in their paperwork about restrictions on travel, marked passports, nothing. I applied, I got passport. I notified local L.E. about my planned business travel, was told “have a nice trip!” Now I have no passport, I’m out a lot of money, and I have to figure out what to do next. Does this calendar say 2019 or 1984?
Mike – is it OK if we pass this information on to an attorney handling these cases?
Absolutely on lawyer reference! I am currently trying to contact one locally but keep getting voice mail. To other questions asked – if you don’t have the identifier, you ABSOLUTELY are at risk of having the same thing happen. I have no idea how to prevent it. I assume it was taken BECAUSE I properly reported my upcoming trip. And I was enroute to Istanbul, Turkey for a work assignment plus some vacation time, with short layover in Frankfurt, Germany. Neither “hot spots” for anything, as far as I know.
Mike – please call FAC and leave a message for Legal with your phone number.
I assume that this is only for Florida residents?
I’m not a Florida resident, the legal folks were very helpful in advising me what I needed to do to be able to travel. I got new passport with identifier (had to almost BEG them to put it in there, to avoid repeat experience!) and have been out of the country several times since. No problems except for extended Customs check on every return.
Would you mind sharing on how you were able to get the identifier on there? What did legal tell you? I have emailed passport services and they were no help.
Legal advised me to go to a passport office in person, with the revocation letter (that arrived AFTER they’d confiscated my passport) and fill out a complete new application for a passport and submit it, explaining to the person what the problem was. I did that, they stapled a copy of the revocation letter to my application when they put it in. When I went back to get the passport on the appointment date, it wasn’t ready (I got the impression from the supervisor that it was there, but still didn’t have the stamp… of course they will give you no answers) – I had to wait another day or two and make another trip. But it had the proper stamp on the back page. I did NOT have it mailed to me, but picked it up so that I could refuse it if it was wrong, and not have to pay ANOTHER fee.
I just got my first ever passport today.I am in Florida. No unique identifier on passport.Will I be denied my flight next month to France ? What can I do to assure it is a good passport ? The State dept should know by my driver license photo or SS# that I am an RSO for L&L in 2002.No probation or parole but I register twice annually. Should I call the state dept and have it fixed before I leave for France.It’s only an 8 day trip and I don’t want to lose the money I spent so far.Thanks.
You can try contacting them – in our experience they don’t give out information.
Update: I went back to passport office and applied for a new passport, with the “revocation letter” I received two weeks AFTER they confiscated my passport. It took an extra day and an extra trip to the office, but I got a new passport with the stamp on page 27. I then applied for and received a new visa to Turkey, travelled there, had a great time. Coming back, got stranded overnight in London. Was issued a six-month visa THERE (in spite of the “no SO” regs they have… the guy asked no questions…) and was able to go to a hotel and dinner at a pub and all, before my flight back to US. Had LESS trouble at Customs on entry than on previous trips with the “non-stamped” passport!
So I see now what happened here. The individual attempted two different trips virtually back to back. His notification for the first trip triggered a passport revocation letter from the state dept. The revocation did not occur right away, but why the time he was departing on his second trip, the state dept’s revocation letter was in the mail to him, and he was not around to receive it. So he had no way of realizing that he was about to travel with a just-revoked passport.
At least this what I gathered from the Halloween NARSOL call, in which attorney Janice B. characterized this as a rare and unusual situation— ordinarily, people should not be concerned that US Marshalls will prevent them from traveling.
If I got this wrong, let me know.
My experience may give hope to some. I’m going to provide as much relevant detail as possible because I think with IML it is hard to generalize, everyone’s situation may be slightly different. I was convicted in 2011 of misdemeanor indecent assault in Pennsylvania, with a 9 year old victim. My sentence was 5 years probation, and registration for 10 years, no contact with minors, etc. In 2012 PA passed their version of Adam Walsh in response to the Sandusky scandal, and I was classified as a Tier 3 offender with lifetime registration. I had a good attorney who was able to vacate my plea before the new law went into effect, and I agreed to two new counts of lesser charges that were not required to register at all under the old Megans Law, but under the new law I was re-classified as a Tier 1 offender with 15 years registration. As a result of the recent PA Supreme Court decision, I was informed by the PA State Police in March of this year that I no longer have to register and I was taken off the registry. I already had an unmarked US passport that I obtained in 2015 before IML went into effect. In August I traveled to Costa Rica. I did not notify Angel Watch, believing that I was under no requirement to do so since I was de-registered. Leading up to the trip and especially going through passport control, I was terrified that I would be turned back or worse. But nothing happened, I had a completely normal travel experience. I know that I am blessed and my experience may be unique, but it may give others hope who are in a similar situation. It appears to me that as I have been removed from the registry in PA I am not a “covered” sex offender and thus I am free to travel internationally without notifying the authorities. I am planning to travel again and perhaps even retire in a foreign country. I am pretty sure that there are still certain countries that would give me trouble, such as the UK and Canada, but I am crossing those off my list and focusing on continental Europe and Latin America, where I hope I will be welcome.
In Florida ALL are lifetime.
California finally did something about their lifetime registration. They’ve gone to a tiered system which takes effect in a couple of years or so. It’s not a automatic drop off, you have to petition after your time is up, but it’s better than the blanket for years. I think that will only leave Alabama, Florida and South Carolina if I’m not mistaken.
This is my second time trying to maybe get an answer from you guys, my offense was in 98 , victim over the age of 18 but I was , designated as a predator I have noticed most of the rules of comes out is dealing with victims under the age of 18 does this passport issued identifier, pertain to me too? Thank you
Rob – FAC is not a law firm, we are not attorneys and we are neither qualified nor licensed to tell you whether a law applies to you because the facts and circumstances of every person’s case are different. We can only lead you to the relevant definition in the law:
Under the laws:
(1)the term “covered sex offender” means an individual who— (A)is a sex offender, as defined insection 21503(f) of title 34 (an individual required to register under the sex offender registration program of any jurisdiction or included in the National Sex Offender Registry, on the basis of an offense against a minor.); and (B)is currently required to register under the sex offender registration program of any jurisdiction;
As such, if your victim was not a minor you may not have your passport branded, but as stated previously this information should not be considered legal advise.
Thank you very much for this. It is exactly what I am waiting for when I petition a judge in a few years to be relieved of my duty to register, but until now, haven’t read about anyone’s travels after being relieved.
lots of international Travelers out there. my conviction was for a misdemeanor possession of child pronography and in California I had it dismissed but did not get the Certificate of Rehabilitation to vacate my registration. So what’s it like traveling to other countries out there? I’d like to go to England again but it would be a bother to turn up to Heathrow and have customs turn me away because they did a interpol or whatever quick criminal check they do even if there was no marker in my passport. So what’s that like or how does it work
The UK generally denies entry to registrants.
I got a question I’ve been trying to find an answer to but no luck. So maybe someone here has an idea.
I was convicted of L&L, my “victim” was 15, I had just turned 18, we knew each other for over 8 years.
Anyway, I was put on probation, lasted a year, absconded for about 6 years. I got hit with a failure to register along with the probation violation, I pleaded butler and received 6 years. The charge was originally was in 1998, in 2007 they passed a romeo and juliette law, I started the process immediately but didn’t proceed any further in fear of messing it up, it sat in the court system for nearly 4 years, I finally hired a lawyer after saving up to finish it out. I went to court twice and the judge vacated the requirement to register and ordered FDLE to remove all of my personal information.
I have checked religiously the last 3 months every registry, from state to international, I don’t show up anywhere, 0 results, I’m still lingering on a few commercial sites but I have got most of them to remove my info using the judges order.
I want to travel now that I don’t have to register, it’s been virtually my whole life I’ve been restricted in one way or another. I looked at the IML laws and it refers to “covered” as the deciding factor.
My victim was a minor, but I was vacated by a judge the requirement to register. I have a passport that’s valid with thr marker.
So my question is, does IML still apply if I’m not required to register or us there still a chance they take my passport if I try and board an international flight because I would still need thr marker?
I had a typo in there, I meant to say I currently have a passport that is valid and does not have the marker.
I don’t want to call angel watch for obvious reasons if I could find the answer somewhere else.
Frank – we are trying to find out for you. Unfortunately we suspect that as of May they revoked certain passports without notification.
When the new requirement went into effect, they claimed that passport holders who were required to get the new identifier would be contacted. I can’t prove it, but I suspect that they failed to notify people on purpose, so the can harass and embarrass them when they arrive at the airport, only to find out that they won’t be permitted to board the plane. My parole agent used to give the registered sex offenders job leads and permission to interview for jobs at places which he knew were located within a school exclusion zone. Then, when they got hired, he could gleefully pull the rug out from under them. The registry is all about piling extra shame on people who have already served their time.
would this have happened to all sex offenders? Was that guy just someone that looked like they could screw with him for the heck of it?
I recently renewed my passport and they did not place an identifier on it.
I am scheduled to leave for Kenya on 10/16. Does anyone know of a way to verify if they need to place the identifier in my passport based on my specific offense? Everything I have read is ambiguous in regards to which offenses do not meet the criterium for the identifier.
Where is the identifier located? I just got my passport. I had to apply for a new one because I’m a sex offender now. But on the application there was no place to mention that and when I called and told the passport agent that she told me not to worry about it.
It should be inside the back cover
I move to spain 2 yeas ago I nver had any problem going to spain and I live and have a family here now I am going to nyc on wed for 8 days and I fine this I hope they do not try to stop me when I try to come back to spain so I like to oder me a new pasport with the so call stamp do you knwo were I cango to apply for it.
How were you able to move to Spain? When I checked on how to get a residency visa they require a background check. Please let me know.
I don’t think there’s much anyone can do until we fight the IML. Please let us know the status of any legal challenges to this horrible low.
So rather that call him and say “Hey, you need to swap out your passport before you can travel” they want until the day of the flight and show up so that he loses the mosey he spent on the ticket. Very nice
I recently applied for and received my passport without any marker and I have been registered in Florida for 9 years now. I have booked a flight and hotel for January and now I am worried the same will happen to me.
I have contacted the Angel Watch center at this email: [email protected]. I made them aware that my passport does not have an identifier and asked if I am not considered a “covered sex offender” under IML. I will keep you guys updated on what they tell me.
Please do, Noel
I received an automated response a few moments after sending the e-mail with basic information already made to the public about IML.
This part of the e-mail seems to sum it up pretty clearly: “Please note, inquiries received at this email address will not receive a response unless they include the completed Certification of Identity form and are related to a notification that has been made to a foreign government or are related to a passport marking that is already on your current passport. Questions regarding whether an individual will be subject to foreign notification for future travel or if an individual is required to a receive passport marking on a future passport will not receive a response (please see the link for International Megan’s Law above for information regarding these subjects).”
They are only providing any assistance to those individuals who already have the identifier and think it was placed on there by mistake. No kind of support or clarification on who this law applies to and how to go about complying with the law and receiving the mark.
My specific concern is the fact that my adjudication was withheld and I am not a convicted felon. I’m a registered sex offender who can vote. Having a mark on my passport that says the word convicted is technically untrue so maybe I am not included? It would be nice if they provided some sort of way to verify this.
Either way my flight for January is booked and I will definitely let you guys know what happens and I will gladly join any subsequent lawsuit that might arise.
Noel,
I’m basically in the same category as you, Deferred with no Conviction…also was involved in original lawsuit.
Please let us know what their response is if you would. I leave for Kenya in a little less than a month and would prefer no problems!!
@Noel: The special marker on the passport is supposed to be only for those convicted of a sex crime against a minor. Also, I wonder if the govt is marking passports of those whose adjudication was withheld (not officially convicted, but still required to register) in Florida. Does either case apply to your situation?
Mack: Does your pp have a marker? Have you traveled international recently?
Scott: I received an automated response that was no help at all. You can scroll up a bit and you will see that I copied and pasted it.
RayO: I am required to register but my adjudication was withheld. Technically that might mean I do not require the special marker and I recently received my passport without the marker. But in my past experience with law enforcement they tend to not care about technical loopholes and will bunch all sex offenders together. Either way I have to report my international travel so the Marshals at the airport will know I woulndn’t be surprised if they did not let me travel.
Thanks, Noel. I wasn’t “convicted” in Floriduh either, but must still register. I realize that “not convicted” doesn’t mean too much to the State of Floriduh, but I’ve been curious whether federal authorities feel the same way (or just don’t understand). I’ve found that other states are confused by the whole “not convicted but still registered” thing. I appreciate your response, since I have been contemplating renewing my passport, but I’m concerned that I might eventually be required to re-apply, should I receive a renewed passport without the scarlet letter indication on the back cover. I’ve emailed Angel Watch on two occasions, trying to get an answer, and have received no response. Please let us know if you learn for certain whether your withheld adjudication keeps you from being a “covered offender”, and I will do the same. Thanks.
Hi Noel .
I hope this email reaches you well .
I am interested in the same subject that you’re talking about please can you email me when you get a respond back thank you so much and hope you have a great day .
This issue was already settled in court. The moment iml was signed into law the marshall service went to Manilla and dragged a so back to Kansas for failing to register under iml. This case was fast tracked to scotus which ruled unanimously that iml violated his ex post facto rights. Why is NO ONE suing that these actions violates stand scotus rulings and precedent?!?! It is germany all over the ovens are warming as we speak.
Larry – you are referring to Nichols v US. this was a completely different issue.
I miss the days when traveling was so easy and painless and as simple as getting in your car and go to mind your own business. Last time I flew was a few years ago before I caught my case and I visited some family in Boston. It took longer to get processed through the airport security check than the plane took to get to Boston.
First thing came to mind is that they wait for the person to travel to then embarrass the person in front everyone at the airport for the sake of displaying a spectacle in front of other people to then have the person pay twice for a passport.
I would like to know the circumstances. Like: Did he just get a new one before his trip without the identifier? Or was this passport one he’s had for awhile? I’m planning a trip next summer to Europe and need to apply for a new passport as mine is expired.
Hi Steve .
I am in the same boat as you are . please a soon as you get some information let me know so I can know what I’m supposed to do.
I am going to apply for a new one tomorrow. On the app it even asks when you plan to travel and I gave next summers dates. If it comes with no identifier they would have plenty of time to revoke my new one. We’ll see.
He needs to rightfully sue the government to hell. I would gladly donate to this cause and I am sure we can get others to join.
Is this what domestic terrorism looks like in 2018 in America?
He CANNOT leave the country without a Scarlett letter stamped on it because a moronic Politician decided that this asinine, redundant law would appease some group that lobbied for it?
This. THIS is why people need to stop voting for the same two idiot Political groups: Republicans and Democrats. Nothing will change unless we vote-in someone that will down-size this over-bloated, wasteful prison-filling machine. When will the Libertarian party finally get their act together and select a qualified candidate for office to help slash the size of this monstrosity by 20-30% finally? Let’s see them try to pass stupid laws when they have a limited budget.
What we are need to do is send $1.00 for stamped enveloped to F.A.C. Let them start a mailing list of each offender in one county at a time to get more sex offenders aware of the fight. Then spread out to other counties. The only way this sh*t going to stop we need more people involved! If people could send $!.00 for postage that is one more person who could be in the fight. Please F.A,C make a fund so we could help pay for postage to reach out to others…….. If others could get the mailing list of sex offenders why can’t you send a short letter and asked them to join the fight!!
In order to be subject to having that special notification placed on one’s passport it IML says one has to be convicted of a crime involving a minor. What do they mean by “involving a minor,?
Are they talking about just contact offenses, or do they include misdemeanor possession of child pronography and/or Felony possession of child pronography?
If what just happened is true this is going to work in our favor
Now the government has restricted movement against a U S. Citizen
It should not matter where he was heading. He is supposedly a free tax paying citizen who paid his debt to society and should be allowed to travel unmolested
I propose that registered sex offenders be awarded disability status eligibility.
Since sex offenses have been so ceremoniously touted as “incurable” due to the iron clad mass diagnosis of recidivistic necrosis it is a terminal illness. Sex offenders cannot reliably get jobs and pursue constitutional freedoms or rehabilitate or take care of their familys. I propose that registered sex offenders be awarded disability status eligibility the same as any other illness that most likely will lead to death or something close to it. Drinking and driving is bad like manslaughter or murder but people make mistakes, learn and should not be hunted daily by police or their neighbors as are their families for ever how short they may have one considering the misery. Sex offenders posted on the internet makes their old offense as fresh as yesterday and places a target on their freedoms. It is inhuman and is passive execution openly mocking the judicial system and the higher courts that answer to our country’s sacred commandments and code of honor. Without them we are lost.
I can’t breath right now. I have an international trip on Monday (that I reported). My wife is already overseas and I was supposed to meet her in Europe.
Freaking out: Please let us know how your flight turned out.
Woe, this is totally going overboard. I truly believe that state (s) are going over board with their requirnments, and I pray that a Federal Judge will eventually rule that our constitutional rights are being violated in hugh ways. I truly hope that this person pursues their legal options regarding this matter.
This is federal – Passport and US Marshals and IML – has nothing to do with the States.
My victim was over the age of 18 at the time, 1998 does this IML effect me?
probably not but you need to check with them
Been trying to check with them for years now. No clear answer other than form the USMS. They said they send notifications to receiving countries if they are notified by a state of a travelling SO. No distinguishing between adult and minor victims, is what it sounded like. They also said there other agencies who notify receiving countries, I am Guessing ICE Angel Watch Interpol, etc.
The statute is ambiguous with its “Except as otherwise provided” language.
Request to my congresswoman, no answer. Imagine that!
Yes, I agree with you. The irony is that the U.S. is the most efficient country in doing all this. International countries aren’t doing this and they allow all their citizens to come and do freely. I mean is Mexico or India or any other country keeping close track like the U.S. is ?
1938 Germany all over again…
Paperzzzzzzzz pleazzzzzeee
Can he get a refund? or is it “tuff luck”????
The problem is that they constantly change the law without informing those it affects. A lawsuit will likely NOT be successful, because of the change in the law.
https://www.swiftpassportservices.com/blog/passport-rules-sex-offenders/
We are political prisoners in our own country having our rights stripped away and this is yet another step closer to a one way ticket in the train to the camp.
This is unheard of with the exception of the treatment of Jews and gays in Nazi Germany!
Next stop the camps…no need for a passport for that destination!
Please tell me that this person is going to sue. I hope he or she also got the names of any of the US Marshals and documented this well. This cannot be ignored.
Do we know which country he or she was trying to go to? I think this matters. I was watching Janice Bellucci in Federal Court in Oakland in 2016 when the federal Judge actually said that anyone who travels to Thailand is there for child sex tourism, which blew my mind. You could hear the gasps from nearly everyone in the audience when this was said.
I would like for a way to watch this particular case and cases similar to it.
Suing is certainly an option on the table at this point.
Yes, and I hope this person does.
How you go about suing is it a place o number i can call
Are you interested in bringing a lawsuit Gerald?
Well yes this is going to far they are many individual that are trying to live a normal life like me and they are trying to make in it hard
Your passport is property of the US Government. They can take it at will.
Big Brother is alive and, well, totally fucking with us.
Did he mention which airport and what the destination was?
He did – but we are unable to share that information at this time.
So how we humans are going to keep this topic in mind on where not to think 🤔 about trying to go