https://all4consolaws.org/2020/07/international-megans-law-as-compelled-speech/comment-page-1/#comment-252421International Megans Law as Compelled Speech
Interesting ASCOL discussion IML as compelled speech
by P Rigney | Jul 9, 2020 | Uncategorized | 16 comments
Interesting article on one factor of the IML passport issue. I believe that the compelled speech issue is important, but I also believe that the passport disclosure is highly discriminatory and unnecessary. As a registered sex offender, we are required to notify our registration officials if we plan to be out of the country 21 days prior to the trip. In turn, the US Marshalls are advised and the country we are to travel to are informed. This makes the IML passport disclosure overkill. Discriminatory because if the purpose of the disclosure is to warn the foreign country of potential danger, why only select one class of criminal activity. Statistical evidence exists showing that sex offenders as a group have one of the lowest recidivism rates – is the government implying that drug dealers do not pose a danger to their society? Further, even within the category of “sex crime against a minor” is a vague category. For instance, my victim was under the age of 18, but was over the age of consent in the state of the offense. The offense was not in the area of child molestation. The federal government has redefined the nature of my offense thereby exposing an inaccurate message that I am compelled to present if I chose to travel.
Just apply for Permanent Residency at any Schengen Europe Embassy in the U.S., with the exception of Spain and Greece! Then move there!
These statements like “criminal act against children” are being used in such terms to make foreign countries compelled to take action with the angel watch on behalf of the US government, because people are squeamish if they discuss such topics like this. The US Government is assuming that a covered traveler that has complied with the 21 day advance notification under IML which none of that makes sense, is traveling for the purpose to commit criminal act against children, chances are giving the benefit of the doubt that it’s highly unlikely going to happen, and knowing about the serious consequences if caught should’ve help motivate covered travelers to stay out of trouble if they travel to a foreign country.
I just want to be able to travel. I hate this law. I hate these restrictions. They are unconstitutional. Our crime was 15 years ago. It’s like, what are second chances. What gives? When can we have the freedom to move again? I pray that his SO registry is abolished. I pray that I can witness this in my lifetime.
We want to travel to Mexico. To Asia. And sadly, we’ll just be denied and turned away.
Sorry for my rant but it is just one of those days. Just one of those days that SO registry has failed and is just another money maker machine…
Sad and reflecting in Dallas.
MC
You CAN go to Hong Kong!
Can I apply for a US Passport while on SO Probation? Is there such thing as a waiting period after completion of probation before I can travel internationally?
You can give your notification 21 days before your probation ends, and either leave minutes after midnight that next day, or just leave that next morning! There is no waiting period!
I guess my question is that if you are no longer on the registry but your criminal record is still there, would you have to have the marker on your passport?
Not in my experience. My passport was revoked. I hired a lawyer that determined that according to the Wisconsin statutes anyone not on lifetime registration who was convicted in another jurisdiction (i.e. federal, tribal..)only had to spend 10 years on the Wisconsin registry, not 15 years. He wrote them a letter. Their legal counsel agreed. And I was off the registry immediately. I applied for a new passport, and when It arrived, there was no marker.
I’m curious to know more about this and what you mean in regards to Wisconsin in particular. My case happened there and I got 15 years on the registry to be started after 6 years of probation, so 21 total. Feel like I was totally screwed. Not to mention my offense happened when I was 14 or 15 but was tried as an adult.
Has anyone been able to travel to Albania or Austria?
You may go to both Albania and Austria!
What about Georgia?
I need an answer to the same question. If one is no longer required to register, as per a court order, must they have the passport marked. From what I’ve read, I don’t think so; however, the passport was revoked and sent back to the Department of State before being taken of of Megan’s law. So, since it was only a year and a half old (with it being valid for 10 years), is it possible to have it returned now?
Request a New Passport without the identifier since it no longer applies to you!
NO! Once anyone is off the Federal and State Registry, just request a new Passport and there won’t be an identifier anywhere to be found on the new Passport!