22 U.S.C. § 212a — Restriction of passports for sex tourism
submitted 18 years ago by Pub. L. 110-457 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 351 words · no verdicts yet
This law restricts passports for people convicted under section 2423 of title 18. The State Department must deny or revoke a passport if a passport helped commit the crime. Exceptions allow emergency, humanitarian, or return-travel-only passports during this covered period.
(a) In general. After a person is convicted of violating section 2423 of title 18, the Attorney General must notify, in a timely manner: (1) the Secretary of State, for action under subsection (b); and (2) the Secretary of Homeland Security, for action under the Immigration and Nationality Act.
(b) Authority to restrict passport.
(1) Ineligibility for passport. (A) In general: the Secretary of State may not issue a passport or passport card, during the "covered period" defined below, to an individual convicted of violating section 2423 of title 18, if that individual used a passport or passport card, or otherwise crossed an international border, in committing the offense. (B) Passport revocation: the Secretary of State must revoke a passport or passport card previously issued to such an individual.
(2) Exceptions. (A) Emergency and humanitarian situations: despite paragraph (1), the Secretary of State may still issue a passport or passport card in emergency circumstances or for humanitarian reasons. (B) Limitation for return to the United States: before revoking a passport, the Secretary of State may instead limit a previously issued passport or passport card to return travel to the United States only, or may issue a limited passport or passport card that only permits that return travel.
(3) Definitions. (A) "Covered period" means the period starting when the individual is convicted, and ending on whichever is later: (i) the date the individual is released from a sentence of imprisonment for the offense; or (ii) the end of any parole or other supervised release relating to the offense. (B) "Imprisonment" means being confined in, or otherwise restricted to, a jail, prison, half-way house, treatment facility, or another institution — full or part time — under a criminal sentence.
Following any conviction of an individual for a violation of section 2423 of title 18, the Attorney General shall notify in a timely manner—
the Secretary of State for appropriate action under subsection (b); and
the Secretary of Homeland Security for appropriate action under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].
The Secretary of State shall not issue a passport or passport card to an individual who is convicted of a violation of section 2423 of title 18 during the covered period if the individual used a passport or passport card or otherwise crossed an international border in committing the offense.
The Secretary of State shall revoke a passport or passport card previously issued to an individual described in subparagraph (A).
Notwithstanding paragraph (1), the Secretary of State may issue a passport or passport card, in emergency circumstances or for humanitarian reasons, to an individual described in paragraph (1)(A).
Notwithstanding paragraph (1), the Secretary of State may, prior to revocation, limit a previously issued passport or passport card only for return travel to the United States, or may issue a limited passport or passport card that only permits return travel to the United States.
In this subsection—
the term “covered period” means the period beginning on the date on which an individual is convicted of a violation of section 2423 of title 18 and ending on the later of—
the date on which the individual is released from a sentence of imprisonment relating to the offense; and
the end of a period of parole or other supervised release of the covered individual relating to the offense; and
the term “imprisonment” means being confined in or otherwise restricted to a jail, prison, half-way house, treatment facility, or another institution, on a full or part-time basis, pursuant to the sentence imposed as the result of a criminal conviction.
Source credit: (Pub. L. 110–457, title II, § 236, Dec. 23, 2008, 122 Stat. 5082.)
- 2008Enacted · Pub. L. 110-457 · 122 Stat. 5082
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-457 on 2008-12-23.
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