The following was submitted by a member
I obtained a new passport as an RSO in Florida last year just before the new “scarlet letter” law was passed. It contained no mark.
After reading on your website the story about the man detained for just this reason, I re-applied for my passport thinking they would automatically imprint the poison on my new passport. They did not.
So, I filled out a form, DS-5504 and I wrote in the name change section, “registered sex-offender” and I included a letter summarizing my reasons for wanting the correct passport and stating that I should not have to pay again.
Lo and behold, 6 weeks later, I received my shiny new passport WITH the mark of the beast.
My passport has no ‘special’ marking on it.
Law Review: IML as Compelled Speech
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=6086&context=mlr
Back in March I received a letter stating my passport was revoked due to IML. Fast forward its December and I have travel plans to Japan in April. I applied for a new passport under the application of lost passport. I received my passport without a marker on it.
Will I be able to travel with my new passport? I think it should have been up to the Department to issue the stamp on the back. Does anyone have any experience with traveling with a unmarked passport after applying for a new one?
I’m not sure why we are still beating this dead horse:
Public Law 114–119 SEC. 3. DEFINITIONS
(10) SEX OFFENSE AGAINST A MINOR.—
(A) IN GENERAL.—The term ‘‘sex offense against a
minor’’ means a specified offense against a minor, as
defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911).
(B) OTHER OFFENSES.—The term ‘‘sex offense against
a minor’’ includes a sex offense described in section
111(5)(A) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911(5)(A)) that is a specified offense against a minor, as defined in paragraph (7)
https://www.congress.gov/114/plaws/publ119/PLAW-114publ119.pdf
42 U.S.C. § 16911
(5) Amie Zyla expansion of sex offense definition.
(A) Generally, … the term “sex offense” means‐‐
(i) a criminal offense that has an element involving a sexual act or sexual contact with another;
(ii) a criminal offense that is a specified offense against a minor;
(7) Expansion of definition of “specified offense against a minor” to include all offenses by child predators. The term “specified offense against a minor” means an offense against a minor that involves any of the following:
(A) An offense (unless committed by a parent or guardian) involving kidnapping.
(B) An offense (unless committed by a parent or guardian) involving false imprisonment.
(C) Solicitation to engage in sexual conduct.
(D) Use in a sexual performance.
(E) Solicitation to practice prostitution.
(F) Video voyeurism as described in section 1801 of title 18, United States Code.
(G) Possession, production, or distribution of child pornography.
(H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.
(I) Any conduct that by its nature is a sex offense against a minor.
So basically, if your conviction had the word child or minor in it, EVEN FOR THE TIER 1 OFFENSE OF SIMPLE POSSESSION, YOU ARE LABELED AS CHILD PREDATORS and covered sex offenders who must bear the “identifier” on your passport.
https://www.smart.gov/pdfs/resources/SORNA%20Full%20Text.pdf
We are still on it because some of us have re-applied for passports and on my final paperwork it states there were no victims under the age of 18 yet i am forced to register on the registry in Florida. Now if my passport comes back with no IML stamp because my final paperwork said “no victims under the age of 18” do i use that passport to travel or must i bring it to the attention of angel watch/homeland security etc.. that i am on the registry and should have an IML stamp
Questions about your Passport Status? Contact the Angel Watch Center (AWC) – the office that makes the determination for your passport.
[email protected].
Passports and International Megan’s Law (contact/questions email at bottom)
The passport identifier provision of International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (IML) (Public Law 114-119) went into effect on October 31, 2017.
The IML prohibits the Department of State from issuing a passport to a covered sex offender without a unique identifier, and it allows for the revocation of passports previously issued to these individuals that do not contain the identifier (22 USC 212b).
The identifier is a passport endorsement, currently printed inside the back cover of the passport book, which reads: “The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l).” Since endorsements cannot be printed on passport cards, covered sex offenders cannot be issued passport cards.
Only the DHS/ICE Angel Watch Center (AWC) can certify an individual as a “covered sex offender.” Therefore, any questions by the applicant about such status must be directed to and resolved by AWC.
Applicants who have questions for AWC regarding their status or believe they have been wrongly identified as a covered sex offender as defined in Title 22 United States Code 212b(c)(1) should contact AWC at [email protected].
I would like to start a discussion on this topic. I obtained my passport in March 2019 (without the identifier), traveled to Europe in August 2019, then just had my passport revoked last month. From the comments I’ve read, this is common.
If, according to the law, The IML prohibits the Department of State from issuing a passport to a covered sex offender without a unique identifier, and it allows for the revocation of passports previously issued to these individuals that do not contain the identifier (22 USC 212b), why is the Dept. of State still issuing passports without the identifier? It seems unjust for us to bear the cost of the state department’s error in not following IML by paying and reapplying for a new passport. What recourse do we have when, through no fault of our own, we were issued a passport that did not meet the regulations?
Call the Dept of State.
Only other alternative is to bring an action for Mandamus.
James oh poor dear Mr James you ask a question where the answer is so clearly obvious “Money” they issue you a passport without the identifier which you pay for you come back from a trip you get the letter revoking said passport and issued another at your cost . When it comes to rso’s about anything the answer in the end is always “money” and dont be surprised if the second passport you get doesn’t have the stamp either even though you specified that it has to have it to immigration because then they can revoke that one too and issue another one at your expense. They have an e-mail address where you can challenge whether you should have to have it on your passport or not. I wrote that e-mail every day for a month and no response. I received a second passport with no identifier even though i specified that the state department said i had to have one. I am sure after i use it next march when i return i will get the same letter again and the wonderful joy of going through the process again
In August 2018 I renewed my expired passport for a trip to Europe in Sept., no identifier. Then received notice of revocation in 2019. Weeks later I arrived at Passport office in Miami. Went through the process, was told that I’d have to pay for the replacement. I made a requedst to the clerk that they forgive the fee. Explained I didnt feel that I should have to pay the fee again so soon after being issued the renewal. After about 45 mins. I was called to the window, handed my new passport with identifier and told that there would be no charge. Some small consolation I guess.
The bigger concern for me is how my reception in a foreign country with this identifer will be handled. I imagine a long wait in some interrogation room with my wife as company or maybe she is subject to questions about our travel, etc. Another slap in the face, seems very cruel. Maybe I should acquire an emotional support animal to travel with…might break the I.C.E. LOL
Several months ago when the original article came out, FAC put a link to the department that overseas these. I have a Passport card issued in March of this year as my old passport was about to expire. When I received the Passport card it had no marker. I clicked on the link FAC had in the article and I wrote to that department. I have never received a reply from them. Perhaps the marker does not apply to the Passport Card as it is not for international travel. The passport card is a limited travel document, valid only for land and sea travel within North America (Canada, the United States, Mexico, the Caribbean, and Bermuda). It cannot be used for international air travel. Of course Canada is off limits to us anyhow. Now with the 3 day Temp. resident restriction most cruises seem to be off limits as well. How sad and ridiculous.
why would the 3 day temp residence rule ruin cruises your on the boat for a day or two then you go to a port for a day (change of address) then back on the boat for a day or two and so on. your never in one place or address for 3 days or more
In my ‘book’ and in the ‘book of common sense’ , if I don’t pack up my household effects and hire a moving company, I am not changing my permanent residence. This ‘requirement’ is just another example of how punitive these restrictions are. Safety is not a goal…just harassment, plain and simple. I had enough of that as a ‘plebe’…no more.
Captain, I enjoy reading your comments and I do agree with you on your opinion of what defines a move. My wife add’s to your definition.. if we are not taking our dogs with us, we are not moving. I’m not stating what other people should or should not do, I am simply agreeing with your comment. Thank you for your service Captain.
You bring up a very interesting point. I’ve thought that the FDLE or our local law enforcement folks would say that the ship itself is the address. I’d be interested in hearing some FAC comment on this. Unfortunately I also believe if we made 3 separate calls to the FDLE, and two different counties we’d probably end up with 3 different answers.
FAC, you guys usually are good about getting accurate info out there. But I’m not sure you’re telling the full story about the man with the unmarked passport who was prevented from traveling (and not even sure if that even constitutes “detained”). Remember that that was an unusual situation spelled out more fully in the 10/31 NARSOL call by Janice Bellucci. That was very helpful in clarifying what happened, what registrants need to do to avoid this situation, and what they DON’T need to do. Among other things, registrants are NOT the ones responsible for ensuring that the mark is there, and there was more to the story.
Man, If I had a lot of money in the thousands or millions, I would travel to a lot of countries and write down or record my experience with each and every one of them with the government issue shame badge in the passport. Log the date, time, country and experience in details in a 3 to 4 year time frame if possible – or at least cover the countries that are popular in travel. Just a thought that’s all in to see what happens with every one of them.
I travelled to Hong Kong this past March 2018 for 14 days. My passport has no stamp and I had no problems entering that country. My conviction was for L&L Exhibition and Conduct with someone under the age of 16. I guess I just got lucky or they didn’t think I was a threat.
@David Did you get stopped for “secondary” screening when you got back to the States? And if you don’t mind me asking where did you land? Thanks
I don’t understand. Am I reading this correctly?
This guy went Out of His Way to throw away a perfectly good passport he received without a mark, just to INTENTIONALLY bring attention to himself and pay another fee to get a passport with a scarlet letter stamp in it?
If this is true, why doesn’t he call the police to report himself speeding on the highway while he’s at it? This is the most backwards thing I have read all year!
Please someone correct me, because it would be hard to believe the loyalty any ‘thinking’ human being could have to a government’s fascist ideas to go out of his way to validate the stupidity of these laws.
Yes, Joe. If it’s inevitable that it will be marked, better he get it over with than show up at the airport to discover he can’t fly because his passport is no longer valid.
Yup, I would of done the same to avoid the inevitable.
If you really have to fly, then unfortunately you would have to follow the law. changing/updating the passport will avoid the incident that happened to the registrant with the last IML member submission on here and he was flying out of Florida. 3 U.S marshals stopped him and took away his passport because it was no longer valid.
Greetings,
I just got my brand new US Passport and it didn’t have the IML identifier? It should have had it. What should I do? Attempt to travel with it and risk being detained at the airport or just call the Passport Office and let them know they failed to stamp the identifier?
Thanks so much for your advice!!
Jon
Joe123 on December 13, 2018 at 2:24 am
I don’t understand. Am I reading this correctly?
This guy went Out of His Way to throw away a perfectly good passport he received without a mark, just to INTENTIONALLY bring attention to himself and pay another fee to get a passport with a scarlet letter stamp in it?
If this is true, why doesn’t he call the police to report himself speeding on the highway while he’s at it? This is the most backwards thing I have read all year!
Please someone correct me, because it would be hard to believe the loyalty any ‘thinking’ human being could have to a government’s fascist ideas to go out of his way to validate the stupidity of these laws.
Reply
Florida Action Committee on December 13, 2018 at 7:56 am
Yes, Joe. If it’s inevitable that it will be marked, better he get it over with than show up at the airport to discover he can’t fly because his passport is no longer valid.
Many passports are being issued without the identifier. I would continue to use it until it gets cancelled.
Dear FAC,
My greatest fear would be to be detained at the airport right before my flight, have the passport confiscated, and not being refunded for the missed flights.
Also, if the passport gets revoked or cancelled I understand I would have to again pay the passport fee of $110, whereas if it is sent in for the correction, the fee is waived.
Is it true that passports issued with the IML identifiers are only valid for one year?
Thanks so much!
Jon,
You will likely find a lot of conflicting advice on this topic. Traveling without the identifier will not give you freedom from secondary screenings or other hassles related to being on the list. IML ensures we must report travel, so it doesn’t really matter.
IMO, if you don’t want the hassle of getting a revocation letter and the cost of getting a new passport photo and passport, you can try using the state department’s online tools to report a passport misprint. Make them pay for your new passport. Don’t pay them to print it twice. I received the revocation letter less than a year after having mine issued and tried in vain (many phone calls) to get them to reprint it for free, but to no avail.
James,
I really appreciate your response! Could you please tell me more about the
-“state department’s online tools to report a passport misprint.”
Thanks so much!
Here is the link:
https://travel.state.gov/content/travel/en/passports/have-passport/change-correct.html
You will have to choose the “Correct a Data or misprint” option. I’m not sure how you will have to explain the misprint (without the identifier) issue, but it may help to know that they are not permitted to print a passport without the identifier for covered individuals, so it is their error and not yours to fix. I think they get around this because once one is issued, they have the authority to revoke it under the same law (Public Law 114-119).
My new passport was issued with the identifier and it was valid for the standard time frame of 10 years.
I have traveled personally on 2 passports that were given to me without the identifier and was not hassled once until i got back to NY. After you return home you will get a piece mail from :Angel watch” stating that your passport is no longer good and you have to apply for a new one with the identifier. I did that 2 times not and even sent the letter from angel watch with my application and i still got a passport without any identifier on it. so it seems to be all about money with the government. I am going soon to live abroad for a year or so and i am glad this passport not only had no identifier but is good for 10 years so i may be OK until i return to the states. Sex offender passports are only good for a year which restricts our ability to live abroad for a longer period of time. I wish you luck and as i have told many RSO’s if you can get out of this country even for a little while, do it. It is such a relief not looking over your shoulder every second in fear you may be violating a ew law they just passed that morning and end up in jail for life because of it. Another piece of advice is if you can get a job where you can work from home using just a voip phone and computer you should think about moving to another country permanently. Most customer service jobs pay $15 dollars an hour and in most countries outside the U.S, that’s a lot of money. Do the paperwork to get hired while you are here in the states then take your phone and computer to somewhere you can live life instead of just existing in fear. With this covid there had opened up thousands of jobs you just need a phone and computer for
Dear no hope,
Thank you so much for your great reply and feedback!
Is there a photo of the passport marking?
IMPORTANT: This is some interesting information.
It seems to me that the member’s post at hand wasn’t originally identified as someone who warranted an identifier. The Angel Watch Center is the government office which the passport office must use to verify status. And the endorsement phrase is …” against a child.” That right there is suspect because such a phrase doesn’t apply to everyone. Also it seems the law is telling the Angel office to “make a determination.” Under what criteria are they deciding a person’s “future threat” is anyone’s guess, but the point here is a determination is being made. As opposed to, “ok he’s on the list. so yes.” So the member’s original determination was no but since he bothered them about it TWICE, i’m sure they went ahead and said, “well if he wants it on there so badly.” LOL ya know? I’m not sure i would’ve been so pushy. No where in the law (andi’ve read it) does it say we MUST tell them. And nowhere on the passport application either. What are we support to do it, tell them verbally over the phone? That’s not how the government works.
This whole thing is SUCH a lawsuit waiting to happen, my god!
Initially created in 2007 by ICE’s Homeland Security Investigations (HSI), Operation Angel Watch is managed by the Child Exploitation Investigations Unit of the ICE Cyber Crimes Center and is a joint effort with U.S. Customs and Border Protection (CBP) and the U.S. Marshals Service.
Operation Angel Watch targets individuals who have been previously convicted of sexual crimes against a child and who may pose a potential new threat: traveling overseas for the purpose of sexually abusing or exploiting minors, a crime known as “child sex tourism.”
Through Operation Angel Watch, HSI uses publicly available sex offender registry information and passenger travel data to strategically alert foreign law enforcement partners through its HSI attaché offices of a convicted child predator’s intent to travel to their country. In Fiscal Year 2015, HSI made over 2,100 notifications to more than 90 countries.
……what are we supposed to do tell them verbally over the phone?
What i’m saying is they are checking everyone and if they “miss it” and process involves them “making a determination” I don’t see any responsibility on my part. My responsibility is to go and and RE-apply if my passport is older than October 2017.
just fyi is all..
great response can i ask you a question you might know the answer to. I will be traveling to eastern Europe in March. My passport had expired so i applied for a new one. On the application it states have you been convicted of a tourist sex crime for which i was not. if it comes back as a normal passport would i be OK to travel with it? im asking because i am laying 6k non refundable down and i don’t want to get to the airport and be turned away at the last minute
my adjudication was withheld and my final paperwork actually states no victims under 18 from the court
If you are not registered as a Sex Offender and on the Sex Offender Registry, then you have nothing to worry about. Fill out the application honestly as you can and they will do the rest. It my OPINION as it is obvious to me that they are checking every application and making the decision since there is no place on the application to indicate any information regarding status as a sex offender. Therefore our duty is to have a current passport as of October 31, 2017 on. HOWEVER, since you there is a question in your mind then I would have at the ready, on your person a piece of official paperwork signed by a judge or state official proving your status – whatever that may be. For example, I am on the registry in Florida, but do not have to register in the state in which I currently reside. I have a court document to prove exactly signed by my resident state’s Registry official folded in my wallet and another copy in my glove compartment just in case I need to prove to a police officer pulling me over for a ticket who starts claiming i have to register in my current state.
****I AM NOT A LAWYER. THIS IS NOT LEGAL ADVICE.
Passports and International Megan’s Law (contact email at bottom)
The passport identifier provision of International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (IML) (Public Law 114-119) went into effect on October 31, 2017.
The IML prohibits the Department of State from issuing a passport to a covered sex offender without a unique identifier, and it allows for the revocation of passports previously issued to these individuals that do not contain the identifier (22 USC 212b).
The identifier is a passport endorsement, currently printed inside the back cover of the passport book, which reads: “The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l).” Since endorsements cannot be printed on passport cards, covered sex offenders cannot be issued passport cards.
Only the DHS/ICE Angel Watch Center (AWC) can certify an individual as a “covered sex offender.” Therefore, any questions by the applicant about such status must be directed to and resolved by AWC.
Applicants who have questions for AWC regarding their status or believe they have been wrongly identified as a covered sex offender as defined in Title 22 United States Code 212b(c)(1) should contact AWC at [email protected].
My passport has been expired for a little over a decade. I hardly even look like my photo on there now. Someday I would like to do some light traveling to places friendly to registrants, but there is no way I’m putting that discriminatory badge on my passport. Hopefully the courts can see this for what it is and strike it down some time soon.
My passport has no mark as I was witheld adjudication no felony. The fed recognized no conviction so no mark even though I’m a registrant in Florida.
Have you traveled anywhere with your passport yet?
i had the same adjudication withheld and on my final paperwork it states no victims under 18. I am getting my new passport back in a couple weeks and i want to make sure if it is not marked with the IML stamp that i wont be held up in traveling to Europe in March
How do you know this? According to IML, it applies to anyone who is registered in any state. Just curious because I am in the same situation.
Thanks for this info. Are you absolutely sure that your adjudication withhold is recognized by the Feds as a “non-conviction” that prevents them from marking your passport?
how do you know this for sure ? I am in same boat, adj withheld, I thought this was based on the federal S/O list, conviction not required
Great job!!
I have a passport…doubt I’ll ever use it…but if the ‘system’ wants to make any changes on it, they will have to contact me; I will not contact them.
Be careful.. this could be a non compliance issue if you become under investigation.
The first step in compliance is in their ‘court’, not mine. Let the bureaucrats figure it out.