Associated Press via ABC News | Apr. 13, 2016 1:48 PM ET
Judge Won't Block Passport Marker Law Involving Sex Crimes
By THE ASSOCIATED PRESS
SAN FRANCISCO — A
federal judge won't immediately block a law that requires authorities
to place a marker in the passports of people convicted of sex offenses
against children.
U.S.
District Court Judge Phyllis Hamilton said Wednesday that federal
authorities have yet to begin marking passports, so it would be
premature to decide whether the law was constitutional.
Opponents
of the marker have called it a "Scarlet Letter" that could wrongly
imply that passport holders had engaged in child sex trafficking or
child sex tourism and expose them to danger.
Janice
Bellucci, the attorney challenging the law, said she wasn't sure yet
whether she would appeal Hamilton's ruling on Bellucci's request for a
preliminary injunction.
The passport marker is part of the so-called International Megan's Law that President Barack Obama signed in February.
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Courthouse News Service | Apr. 13, 2016 11:14 AM PT
Too Soon to Fight Sex Offender Passport Mark
By MARIA DINZEO
OAKLAND, Calif. (CN) - A federal judge refused to halt enforcement of a
new law requiring sex offenders to be identified as such on their
passports, saying it's too soon to fight what offenders say is "a
scarlet letter."
Under the International Megan's Law to Prevent
Demand for Child Sex Trafficking, passports issued to registered sex
offenders whose crimes involved minors will contain an identifying mark.
The form of the mark has not yet been decided.
The law also
requires the Department of Homeland Security and the Justice Department
to notify foreign governments when registered sex offenders are visiting
their countries, and those departments will also receive notifications
when sex offenders come to the United States from abroad.
Attorney Janice Bellucci, president of the civil rights group California Reform Sex Offender Laws, filed the lawsuit on
behalf of the anonymous plaintiffs days after the bill was signed by
President Barack Obama in February. The lawsuit compares the required
mark to a "scarlet letter," and "an international travel blacklist."
Following a hearing last
month, U.S. District Chief Judge Phyllis Hamilton on Wednesday rejected
a motion to halt implementation of the law, saying that while domestic
travel may be a fundamental right, there is no such right to
international travel.
Moreover, she wrote, a timeline for
implementation isn't even in the works at this point, and the State
Department said it isn't prepared to start placing identifiers on U.S.
passports. The department says its best estimate to begin marking sex
offenders' passports is sometime around the end of 2016.
"Here,
based solely on the statutory language, it is not clear, for example,
what form the identifier will take, which citizens will be required to
carry a passport with the identifier, or whether the identifier will
appear on the face of the passport or will be readable only by a
scanner," Hamilton wrote. "Thus, because significant steps must be taken
before the passport identifier can be implemented, the court finds that
plaintiffs' challenge is not yet ripe."
http://www.courthousenews.com/2016/04/13/too-soon-to-fight-sex-offender-passport-mark.htm