Action Alert: The NEW International Megans Law and its violation of registrant's rights

5-12-2014 Washington DC:

Rep Smith, on 5-6-2014, introduced a NEW International Megan's Law bill here HR-4573. This bill is littered with violations of the rights of certain registered sex offenders to which it will apply; those wishing to leave the United States and visit, go on vacation, live in, or conduct business in, foreign countries.

Under this NEW bill when a registrant wishes to go on vacation (or other reasons, business as well) to a foreign country, the registrant will have to report their information (right now it doesn't say where or to whom, likely their local registering agency), and a NEW Governmental agency called the Angel Watch Center will review the registrant's information and other unknown information.

The Angel Watch Center (Sec 4(a)), is charged with reviewing the registrant and issuing an "ADVISORY" to the U.S. Secretary of State (Sec. 4(d)(1)(B)). The Advisory may also suggest limiting or terminating the registrant's passport (Sec. 4(d)(1)(B)). Advisories will be reviewed annually (Sec. 4(d)(1)(D)), likely for registrants remaining in foreign countries over one year.

"Sec. 4(e)(B) If the Center has reason to believe that transmission of the notice (Advisory) poses a risk to the life or well-being of the child-sex offender, the Center shall make every reasonable effort to issue a warning to the child-sex offender of such risk." It does not say WHEN registrant is notified, or how, since s/he is -up to this point- is unaware of the Advisory/Notice. Especially important is, if the Advisory is changed by the Angel Watch Center and the registrant is already in the foreign country.

If registrants do not receive the above notice, they are not even notified that an advisory process took place, unless, when they get to the foreign country they are denied entry based on a notice/Advisory from the U.S.. Only at this point is the registrant allows to complain back to the Angel Watch Center about the -still unknown content- of the Advisory/Notice. (Sec. 4(f)). The complaint process does not indicate if an attorney is appointed or even allowed. Registrants may have lost thousands of dollars without recourse.

Finally, once an Advisory is generated it is not changed, for the ENTIRE period of registration of the registrant (Sec. 4(e)(2)). Presumably those reviewed annually MAY be changed, but not for other registrants who have returned from trips to foreign countries.

The process by which the Advisory is generated, and the Advisory itself, is kept secret from the registrant who has ZERO say about the content of the Advisory. When the registrant gets to the foreign country, if the registrant has a problem entering that country (like being denied based on U.S. Notification (the Advisory or some other notice)), that is when the registrant is permitted to complain to the Angel Watch Center about the -still unknown content- of the Advisory/Notice.

Knowing this process exists, based on this bill as written, is more than enough to claim due process violations, at a minimum. The bill does not include what evidence an Advisory will be based on, whatever it is is hidden from the registrant. The registrant may have spent months arranging the trip and spent thousand of dollars only to be denied entry into the foreign country, and not knowing why. S/he may have been embarrassed in front of family, friends, or business travelers, and there may be other costs involved..

Angel Watch Center is comprised of:

b) Leadership.--The Center shall be headed by the Director of ICE, in collaboration with the Commissioner of United States Customs and Border Protection (CBP) and in consultation with the Attorney General.

(c) Members.--The Center shall consist of the following:

• (1) The Director of ICE.
• (2) The Commissioner of CBP.
• (3) Individuals who are designated as analysts in ICE or CBP.
• (4) Individuals who are designated as program managers in ICE or CBP.

This Angel Watch Center review process is conducted ex parte, without letting the registrant know what is going on. Are passports a right to which the person applying has a right to refute denials? The International Covenant on Civil and Political Rights: Many of the Articles are violated by this process.

It is time for everyone to contact their Representatives and Senators, and explain how this is harmful to registrants and their families, and is not good for the nation.

This is something that needs everyone's attention immediately.

Have a great day and a better tomorrow.