Megan's Law: Who Does It Affect Internationally?

International Megan's Law, signed by President Barack Obama in 2016, applies to covered sex offenders – those who have been convicted of sex offences against minors and are required to register under sex offender laws. The law requires these individuals to obtain a special passport with a unique identifier stating that they are a covered sex offender. This identifier may hinder their ability to travel freely, as it could potentially lead to travel impediments and denials of entry in other countries. The law also mandates that covered offenders notify law enforcement at least 21 days before travelling abroad.

Registered sex offenders who intend to travel outside the US

International Megan's Law applies to registered sex offenders who intend to travel outside the US. The law requires that all registered sex offenders report international travel to their respective sex offender registry at least 21 days prior to departure from the United States. This includes providing complete itineraries down to the specific flight information. In cases of emergency travel, it must be reported as soon as the travel is scheduled. Failure to report international travel may result in federal prosecution.

Under the law, registered sex offenders who have been convicted of sex offenses involving minors are required to have a unique identifier placed on their passports. The identifier is a visual marker, such as a statement printed inside 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)." This requirement applies to both new and existing passports, with old passports needing to be surrendered and replaced with the new marked passports. The law also specifies that covered sex offenders can only apply for and carry the more detailed and expensive passport book, as the identifier message is too long to fit on the smaller passport card.

The International Megan's Law also enables the United States Marshals Service's National Sex Offender Targeting Center to transmit notifications of international travel by sex offenders to the destination countries, including their visa-issuing agents. Additionally, the law allows for the sharing of information related to traveling sex offenders with other federal, state, local, and foreign agencies as appropriate. It is important to note that the U.S. Marshals Service does not have the authority to deny or approve entry to a foreign country; that decision rests with the sovereign governments of the respective countries.

The law has been the subject of criticism and legal challenges, with some arguing that it violates constitutional rights and restricts the freedom to travel. There are also concerns about the potential impact on family members of registrants and the possibility of erroneous notifications or mistaken labels on passports.

The unique identifier on passports

The International Megan's Law (IML) applies to "covered sex offenders", or those who have been convicted of certain sex offences against a minor and are required to register under sex offender laws.

The law requires that these individuals possess a "special passport" with a unique identifier. This identifier is a visual designation affixed to a conspicuous location on the passport or passport card, indicating that the bearer has been convicted of a sex offence against a minor and is a covered sex offender. The exact text is as follows:

> "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)."

This identifier is intended to act as a modern-day "scarlet letter", marking out these individuals and potentially hindering their ability to travel freely. The law also requires covered offenders to notify law enforcement at least 21 days before travelling abroad.

The International Megan's Law Complaint Form

The International Megan's Law (IML) is a federal law that applies to "covered sex offenders", or those who have been convicted of certain sex offenses against a minor and are required to register as sex offenders. The law requires these individuals to have a ""unique identifier"" placed on their passports, stating: "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)." This identifier aims to prevent child exploitation and other sexual crimes by providing advanced notification of travelling sex offenders to foreign countries.

The IML complaint form is specifically designed for individuals whose travel was impacted by an International Travel Notice sent by the United States Marshals Service (USMS). The form can be used to make a complaint if an individual's travel was affected by an erroneous notification made by the USMS. It is important to note that the USMS will not review complaints about other aspects of the law, such as passport provisions or notifications made by other agencies.

To file a complaint, individuals must submit the following:

• The International Megan's Law Complaint Form for Traveling Sex Offenders, which can be found on the USMS website.
• A Department of Justice Certification of Identity, which must be submitted with the complaint form.
• Any relevant documentation or evidence supporting the complaint.

It is important to note that the complaint form is only for individuals who were the subject of a USMS notice and not for family members or travelling companions. The USMS National Sex Offender Targeting Center can be contacted for more information or clarification.

Additionally, individuals who are subject to the IML and intend to travel internationally must follow certain requirements. They must report their international travel to their respective sex offender registry at least 21 days prior to departure. In cases of emergency travel, notification must be provided as soon as the travel is scheduled. Failure to provide notice or filing a false travel notice may result in federal prosecution.

The right to travel

IML requires those who are registered as sex offenders and have been convicted of a sex offence against a minor to possess a special passport with a "unique identifier" stating that they are a "covered sex offender". This identifier may hinder their ability to travel freely and could lead to travel impediments and denials of entry in other countries. The law also requires these offenders to notify law enforcement at least 21 days before travelling internationally, which may be challenging in emergency situations.

While the goal of IML is to prevent child exploitation and sexual crimes, critics argue that it violates the right to travel for registered sex offenders. They argue that the restrictions imposed by the law could negatively impact family members of registrants, who may face similar restrictions and are often victims themselves. Additionally, there are concerns about the potential for erroneous notifications and mistaken labels on passports, which could lead to humiliating and devastating consequences for individuals.

The creation of a "unique identifier" on passports has been compared to the marking of passports during Nazi rule in Germany, where Jews were required to have their passports stamped with a "J". This comparison highlights the controversial nature of IML and the potential for negative consequences on the right to travel for those affected.

It is important to note that IML does not prohibit registrants from leaving the United States. However, the impact of this law on the right to travel is a complex and highly debated issue, with some arguing that it is a necessary measure to protect children and prevent sexual crimes, while others argue that it infringes on the fundamental rights of individuals.

The creation of the Angel Watch Center (AWC)

International Megan's Law is a federal law that requires a visual "unique identifier" to be placed on the passports of registrants convicted of sex offences involving a minor. The law also requires covered offenders to notify law enforcement 21 days before travelling abroad.

In response to the passing of International Megan's Law, the Angel Watch Center (AWC) was created to expand child protection efforts. The AWC is an international initiative to protect children from sexual predators travelling overseas for the purpose of sexually abusing or exploiting minors, otherwise known as "child sex tourism". The AWC plays a crucial role in Homeland Security Investigations' (HSI) fight against global crime.

The AWC uses flight data, the National Sex Offender Registry, and publicly available state sex offender websites to identify and alert foreign law enforcement of sex offenders' travel plans before their arrival. The AWC works with the Department of State to identify individuals who are required to have the child sex offender endorsement on their U.S. passport per International Megan's Law.

Since 2016, the AWC has made more than 10,000 notifications to foreign countries and provided notice to the Department of State of more than 3,500 passports that require a convicted sex offender endorsement. In addition, the AWC has initiated over 4,200 child exploitation cases in a fiscal year, resulting in approximately 3,771 criminal arrests.

The creation of the AWC further enhances efforts to protect children around the world by strengthening the ability of agencies to safeguard innocent children from falling victim to dangerous predators.

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