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US passports' sex offender designation?

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Old Jan 15, 2016, 4:41 pm
  #16  
 
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There are legal grounds for denying a passport -- I don't have the actual law at hand, but from memory, having used a US Passport in the commission of a drug trafficking offence is one of them.

You may have noticed that the US passport application now includes an affidabit that you haven't committed a drug trafficking offence or engaged in "sex tourism," ridiculous and offensive as after food and culture, I'd say that sex is one of my biggest motivations for travel. My last renewal I just struck out that language before signing. They're not going to fight because they know they would lose.

Last edited by essxjay; Feb 2, 2016 at 6:59 pm
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Old Jan 15, 2016, 10:46 pm
  #17  
 
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Since the various threads on passport revocations are becoming an informal repository for the law on this subject, I'll chime in with the following two sections from the 1215 Magna Carta -

(41) All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with ancient and lawful customs. This, however, does not apply in time of war to merchants from a country that is at war with us. Any such merchants found in our country at the outbreak of war shall be detained without injury to their persons or property, until we or our chief justice have discovered how our own merchants are being treated in the country at war with us. If our own merchants are safe they shall be safe too.

* (42) In future it shall be lawful for any man to leave and return to our kingdom unharmed and without fear, by land or water, preserving his allegiance to us, except in time of war, for some short period, for the common benefit of the realm. People that have been imprisoned or outlawed in accordance with the law of the land, people from a country that is at war with us, and merchants - who shall be dealt with as stated above - are excepted from this provision.


This translation from Latin into modern English can be found here
http://www.bl.uk/magna-carta/article...sh-translation

Citing the Magna Carta might risk getting the wrong sort of smile from the bench, but it's still quoted from time to time...for instance, Justice Kennedy cited it in his 2008 opinion holding that Guantanamo prisoners are able to file habeas petitions, in Boumediene v. Bush, 553 U.S. 723.

It's interesting to see that the squabble about the right to leave and enter the country goes this far back.
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Old Jan 16, 2016, 12:47 am
  #18  
 
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See also Kent v. Dulles, 357 US 116, 125 (1958) (citing the Magna Carta, article 42, which you quote a different translation of above).

If it's good enough for SCOTUS, it's good enough for my legal briefs.
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Old Feb 3, 2016, 2:22 pm
  #19  
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http://www.vice.com/read/congress-ju...-sex-offenders

It's about to become law, but the LA Times is amongst those calling on the President to veto this.

http://www.latimes.com/opinion/edito...203-story.html

I doubt that he'll veto it.

Last edited by GUWonder; Feb 3, 2016 at 2:29 pm
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Old Feb 7, 2016, 11:45 am
  #20  
 
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You may have noticed that the US passport application now includes an affidabit that you haven't committed a drug trafficking offence or engaged in "sex tourism


So, wait, if I go down to Tijuana again for some hoochie girls they're gonna revoke my passport?
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Old Feb 7, 2016, 12:00 pm
  #21  
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Gonna be a lot of sailors and soldiers who are either going to lie or who are going to be flagged. Not too many of them are asking for proof of age from the girls they patronize.

Why not extend this to RealID DLs? If a guy in Kansas without a passport flies to Vegas and gets caught messing with underage prostitutes, is his DL going to have a permanent flag because he crossed state lines to break the law? Will his out-of-state travel be curtailed in future?

Last edited by chollie; Feb 7, 2016 at 12:41 pm
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Old Feb 7, 2016, 5:02 pm
  #22  
 
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Originally Posted by Blogndog
You may have noticed that the US passport application now includes an affidabit that you haven't committed a drug trafficking offence or engaged in "sex tourism," ridiculous and offensive as after food and culture, I'd say that sex is one of my biggest motivations for travel. My last renewal I just struck out that language before signing. They're not going to fight because they know they would lose.
There's only an affirmation that you haven't been CONVICTED of sex tourism, which only criminalizes sex with minors.

Furthermore, I have not been convicted of a federal or state drug offense or convicted for "sex tourism" crimes statute, and I am not the subject of an outstanding federal, state, or local warrant of arrest for a felony; a criminal court order forbidding my departure from the United States; a
subpoena received from the United States in a matter involving federal prosecution for, or grand jury investigation of, a felony.
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Old Feb 11, 2016, 2:32 pm
  #23  
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Originally Posted by GUWonder
http://www.vice.com/read/congress-ju...-sex-offenders

It's about to become law, but the LA Times is amongst those calling on the President to veto this.

http://www.latimes.com/opinion/edito...203-story.html

I doubt that he'll veto it.
The President signed it into law, and now it has become subject to a lawsuit:

http://wkrn.com/2016/02/11/sex-offen...-passport-law/
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Old Feb 11, 2016, 4:00 pm
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How ridiculous. I think 90% of sex crimes are committed by non-offenders and now we have 850,000 of these people to deal with. What a big witch hunt society we have created and a massive waste of resources. If there's any good news, I think other countries will roll their eyes and say "move along" when they see this Scarlet Letter since they already know USA's incarceration rates are obscene.
By the way I thought compassionate progressive Obama was going against the tide on the crazy overpolicing/overincarceration problem. What a fraud.
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Old Mar 31, 2016, 2:48 pm
  #25  
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http://www.wsj.com/articles/law-crea...nge-1459276253

Lawsuit against this law is proceeding.
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Old Apr 1, 2016, 5:35 am
  #26  
 
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I just searched PACER for this and didn't find it. Got a case number?
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Old Apr 1, 2016, 8:48 am
  #27  
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Originally Posted by saizai
I just searched PACER for this and didn't find it. Got a case number?
I don't. I'm going based on press reports and word from a lawyer on the government's side.
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Old Apr 13, 2016, 2:56 pm
  #28  
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Originally Posted by GUWonder
I don't. I'm going based on press reports and word from a lawyer on the government's side.
Judge has tossed the case, saying the case is premature.

http://www.sfgate.com/bayarea/articl...er-7246504.php
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Old Apr 13, 2016, 3:50 pm
  #29  
 
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A federal judge in the Bay Area refused Wednesday to block a new U.S. law requiring sex offenders to have special identification marks on their passports, saying a legal challenge is premature because officials haven’t developed plans for the markings yet.

...As if any judge is going to get in the way of the Scarlet Letter juggernaut that so many sanctimonious lawmakers are hiding behind. Sorry, I just don't have any faith in the post-Patriot Act judiciary.

Last edited by yandosan; Apr 13, 2016 at 4:00 pm
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Old Apr 13, 2016, 5:31 pm
  #30  
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The case was sort of premature in that demonstrable harm on the matter of the designator is not yet available.

What I found noteworthy about this judge was her claim that travel abroad is not a fundamental right.

Keep in mind this judge must have known that the federal government already warns foreign countries about some US registered sex offenders traveling outside the US. But the US was having problems warning all countries about such people because of PNR compartmentalization methods sometimes used (wittingly or otherwise) that frustrated US efforts to do so.
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