Member Submission: Denied Entry into Kenya
I was so badly hoping that I would be able to write a member submission that would, for once, have a positive outcome in regards to international travel. Sadly, this post has turned in to one that will provide a word of caution about traveling abroad.
In 2009 I plead guilty in Florida to having consensual sexual contact with a 16 year old when I was in my 30’s. The actual charge was “unlawful sexual contact with certain minors (16 – 17 yo).”
Prior to my offense, I had traveled extensively abroad and had a passport that expired in 2009. I was invited to participate in a humanitarian (missions) trip with a group of people headed to Kenya in October 2018. I accepted the invitation barring there were no problems with getting my passport renewal and my visa to get into Kenya.
I sent in my passport renewal in March of 2018 and received a new passport back 6 weeks later. They did NOT place the sex offender identifier in my passport. Immediately I was concerned about this and contacted Angel Watch. They never responded back. I was referred by my local sheriff’s department to the guidelines on the DOS / Angel Watch website that simply states that certain sex offenders get the identifier. I figured my offense must not have qualified for the identifier in the passport.
Next, I did as much research as I could to see if there were any accounts of Kenya ever barring a sex offender from entry. Everything I found stated that Kenya allowed entry for sex offenders. I then applied for my Kenyan visa. I was 100% honest on my visa application. I stated I had a felony sex offense and described the offense on the application. One week later my visa for entry into Kenya was approved and emailed to me. Three weeks before my scheduled departure date, I reported the trip to the sheriff’s office in person as required to do as a registered citizen.
On October 15th 2018 I boarded a flight from Tampa to Washington DC. I next boarded a flight in DC to Frankfurt, Germany. I figured if I was going to have a problem this is when it would be when customs scanned my passport before departing the US; I experienced no problems at all. In Frankfurt I boarded my flight for Kenya. In Frankfurt both my US passport and Kenya visa was checked and scanned; no problems.
I landed in Kenya and went through the customs with no problem. They stamped my passport with a Kenyan entry stamp and told me to enjoy my stay. I walked about 20 feet away from the customs desk when the agent called me back over. He inspected my passport and visa a little closer and called over another agent. That agent then took me into an office. When I asked what the problem was they simply told me they had to “verify some things.” They asked me some additional probing questions about who I would be staying with, what I would be doing, pretty standard stuff really. It did not feel like an interrogation. After about 10 minutes sitting in that office, the agent matter-of-factly told me I was denied entry and I would be on the next flight out of Kenya.
I asked some pretty obvious questions like, “Why?” and “Why did you issue me a visa if you were going to deny my entry?” They literally answered all my questions with the exact same answer: “The Kenyan immigration department has decided to deny your entry.” When asked to please speak with the decision maker I was told the decision was made and that was that. Before they got me on the flight, the hosts of the trip pleaded with the person who was assigned to guard me until I got on the plane with no avail.
At no time did I argue, show disrespect, or display anything but a contrite, quite devastated attitude.
When I finally arrived back in the US and went through customs the agent was friendly. He asked about my travels which I told him about. He sympathetically advised me there is nothing wrong with my passport, handed it back to me, apologized, and sent me on my way back into the US.
I would advise against attempting any international travel at this point. It appears that Project Angel Watch / International Megan’s Law will do all they can to have you barred from entry. No longer can you trust the resources that are out there that state which countries allow entry of sex offenders.
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Be sure to report your experience on the RTAG Travel Experience form so it can be added to the Matrix and help others avoid this.
I just travelled to Hong Kong back in March 2018. My passport has no stamp and I have a minor victim. I had absolutely no problems entering Hong Kong. I stayed for 2 weeks and came back home. However. When I went through customs in New York, they took me to the side checked the contents of my luggage and let me back in the U.S. I guess I was just fortunate that everything went according to my plans.
I just did, thank you.
I am extremely saddened to hear of your experience. I have in the past visited Kenya and also had the pleasure of working in Kenya on a USA project. Of course now after hearing of your experience and being a registered citizen myself have not attempted to visit countries in Africa which, as you might know, are listed as being permitted to travel to as a registered citizen. Well there goes that theory. I believe that the comment posted about Interpol was very well articulated and presented. I am for one, will be looking into that suggestion and writing to Interpol to see just what their view and procedure they follow that is in place for these green notices. I am currently in school earning yet another degree and this degree will be in Human Services. Travel has always been an extremely large part of my lifestyle and it would crush me to think that I could not travel because of a decision that a jury made over 13 years ago. I am not on paper have not reoffended and actually the DA office that I had no actual victim (it was an internet set up) which became a 3rd degree felony. My passport has not expired and the government has stated that I do not have to reapply until my expiration of my current passport. I have travel since and had no problem but I guess I got lucky. Someone was looking out for me. I wish all of us that fall under this rather pathetic law IML the best and keep your heads up and walk with pride.
Another reason to challenge this through Interpol is that many member countries don’t have or support lifetime or public registration. The fact that you’re off paper, not under investigation, with no additional offenses and with a legitimate reason to travel may more readily sway them to deny your green notice. Then if the State Department goes around Interpol and makes a diplomatic outreach to your destination you can counter with “Interpol finds these allegations unfounded”
The reason for your denial was the US notifying Kenya. It does not matter what language is used or green sheet is sent, the perception is this: there must be a monster coming to our country, if the esteemed, paying our bills(in most cases)US has cared enough to tell us. Everything that happened prior was before the notification, including an approved visa!! As far as your passport, with a minor victim according to the IML it should be marked.
ICE, Angel Watch, Interpol, USMS, our elected officials, are all bullshit and do not respond.
I do not register in NY, where my conviction was. Done with the registry there. So moving there, I should be able to travel abroad without notification, right? That’s what the USMS says, but wait it says right underneath that I may be subject to federal prosecution, but wait more, under that it says that I cannot report international travel directly to them?!? WTF??? It all total Bullshit!!
From their website:
Can I be arrested if I don’t report travel?
Although not all states require that you report international travel, you may be subject to federal prosecution if you fail to provide notice of international travel or file a false travel notice with your registry.
Can I personally submit an International Travel Form to the United States Marshals Service (USMS), National Sex Offender Targeting Center?
No. All International Travel Notices must be completed and submitted by your local sex offender registry.
I know we’re fighting this process in court here in the United States, but another useful avenue might be to engage Interpol who is forwarding along the “green notice” from the state department. Interpol has a process for reviewing submissions from member governments and reserves the right to reject them if they are believed to be “politically motivated.”
I believe if asked Interpol is supposed to disclose any open notices for you. So you’d comply with your Angel Watch reporting requirements, then ping Interpol for your Green Notice, then file a dispute with Interpol that your green notice lacks probable cause or supporting evidence. That the U.S. Government has arbitratily decided that all of your international travel is to sexually abuse children when in fact you’re traveling for your mother’s funeral, you’ve been off paper for ten years and you have no other offenses. And they are required to respond. So even if they reject your complaint they will tell you why, and then we can go to a lawyer who specializes in international law.
Being able to take the teeth out of a bad law is almost s good as squashing it completely. If Interpol refuses to pass along Green Notices then the state department has to communicate directly with your destination through some other channel which means a new set of eyes may ask for evidence, or establish a new paper trail that can be explored for when a sloppy state department employee makes mistakes.
What makes this ENTIRE thing so Bad is, The “Government” IS WHO’S BREAKING THE LAW !!! The US Constitution says ” The Government is “Expressly FORBIDDEN to apply “Expost Facto Laws”, But their surely doing it !!, All the State Constitutions say THE SAME THING !! But their also Doing it !!!!!. So, Trying to “Use The Government” to STOP these Violations, Is a “Waste Of Time” !!!. All the Constitutions also say that, The “Government or States of America CANNOT PREVENT FREE TRAVEL OF ITS CITIZENS !!!! And when the US sends out a “Green Notice”, That’s EXACTLY WHAT THEIR DOING !!. So, Again, How can we expect the “Government” to HELP us ?????. Honestly, The Problem with “The way things are being handled is “Our Government” !!!!. Our Forefathers wrote in “Our Constitution” what we are SUPPOSED TO DO when “Our Government” gets “Out Of Control” !!!!. But anyone speaking about it, Is labeled a “Domestic Terrorist” !!!. And our “Citizens” have become SO SOFT AND SCARED of “Punishment”, That nobody has the “Guts” to stand up and risk their “Lives” to fix things !!!. Our country was formed by “Criminals kicked out of Britain” !!! , So what makes anyone think that “Our Government” would be “Honest” and “For The People” ????????
Thank you for your advisement. I will give this a shot and let you know my outcome.
This is a breakthrough observation— that there is a process for being alerted to, and disputing, green notices from Interpol.
Did anybody else know about this?
I feel that it needs to be standard operating procedure for low risk (ie most) travelers. And somebody (RTAG) needs to be educating people.
I recently visited France and, when my plane landed, I was met by the French police. They took me aside and questioned me for about 20 minutes, but the questions were all fairly standard Customs questions, “Is your travel for business or vacation?” “How long will you be in the country?” “Wheee will you be staying?” Etc.
They did not ask any questions regarding convictions, incarceration, or past illegal activity – nothing at all. And they quickly released me, free to visit France.
Frankly, they did not seem to know why they had been directed to pull me aside and question me. And, unfortunately, I failed to ask them for copies of whatever documentation had incited them to take such action. Next time, I will be certain to ask for copies of those documents.
I am so sad to hear of your experience. I previously traveled for business and some pleasure trips with my wife. Prior to my passport expiring, I was denied entry into Puerto Rica. My bad as it is clearly posted. When my passport expired, I refused to get a passport that branded me as a SO. I will not support the airlines that would fly me, the countries that would take the money I would spend for business and vacation nor the good will and shared experiences I could have provided for others. Essentially they lost your good will and free advertising. I am not bitter about my experience because I see this as when I am denied, the collective “THEY” are the losers.
I think every border guard in every country has the authority to deny entry. They are the guardians of the gates of their country. As per your experience, everything on paper was good and you made it through …..only to get recalled.
For any Americans who are planning a trip to Puerto Rico, my understanding is that you don’t need a passport to enter. Normal ID of a driver’s license is enough. Same applies to the U.S. Virgin Islands.
Well, if you have a Florida drivers license, “SEXUAL PREDATOR” OR “943.0435. F.S.” is printed on the front of your license. This is yet another retroactive law in violation of ex-post facto!
That was my understanding as well, though I haven’t been to PR in about 20 years, a passport wasn’t required of citizens of either nation when traveling between the two.
That’s such BS! I’m so sorry you had to go through this. I think the thing to note in your ‘offense’ is “consensual” as is the case with sooooo many (including myself). And yet we are in such horrific lifetime situations because of it. All you wanted to do was help others. And we have no help, no hope for this to be addressed and corrected anytime soon. Thank God for FCA. Without this committee, God would truly be our only hope. And although He can move mountains, sometimes those mountains are not movable because of earthly/human ignorance.
Thank you for the info. It is scary to think about. Embarrassing. My sig other wants me to travel to Colombia to visit friends. That scares the life out of me! God Bless!
I’ve heard of and read multiple accounts of S.O. travelers to Columbia being deported.