The State Department has modified the Final Rule it published on September 2, 2016,\u00a0regarding implementation of the International Megan\u2019s Law (IML).\u00a0 The modification corrects the erroneous statement in the Rule regarding whose passports will bear a \u201cunique identifier\u201d
\nThe modification clarifies that \u201cunique identifiers\u201d will be added only to the passports of individuals convicted of a sex offense that involved a minor\u00a0and who are currently required to register as a sex offender.<\/p>\n
The State Department\u2019s modification occurred as the result of a petition filed by the Alliance for Constitutional Sex Offense Laws (ACSOL) on September 12, 2016.\u00a0 The petition also challenged the State Department\u2019s decision to deny passport cards to the same group of individuals, however, the State Department did not\u00a0change its position on that topic.\u00a0 According to a letter from\u00a0the State Department dated October 14, 2016, the agency\u2019s decision not to issue passport cards to some registrants is based upon the\u00a0\u201cphysical and technological limitations of passport cards\u201d.<\/p>\n
\u201cThe IML does not\u00a0authorize the State Department to refuse to issue passport cards to any registrant,\u201d stated\u00a0ACSOL President Janice Bellucci.\u00a0 \u201cTherefore, the agency\u2019s Final Rule\u00a0is in violation of the law.\u201d<\/p>\n
The Final Rule issued by the\u00a0State Department did not address the \u201cunique identifier\u201d to be added to some registrants\u2019 passports, however, the agency did address that topic in its October 14 letter.\u00a0 According to the letter, \u201cthe passport book of a covered sex offender will be endorsed with a short written statement\u201d.\u00a0 The letter did not include the language of such a statement or\u00a0the location it will be placed.<\/p>\n