§212a — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

If someone is convicted of a sex tourism crime that involved using a passport or crossing a border, the Attorney General must tell the Secretary of State and the Department of Homeland Security. The State Department must not give that person a passport or passport card during the "covered period" and must cancel any passport already issued if the travel was used in the crime. The State Department can make exceptions in emergencies or for humanitarian reasons. It can also limit a passport so it only allows return to the United States. "Covered period" means from the date of conviction until the later of the person’s release from imprisonment or the end of any parole or supervised release. "Imprisonment" means being confined to a jail, prison, halfway house, treatment center, or similar place as part of the sentence.

Title 22, §212a

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Following any conviction of an individual for a violation of section 2423 of title 18, the Attorney General shall notify in a timely manner—

(1)the Secretary of State for appropriate action under subsection (b); and

(2)the Secretary of Homeland Security for appropriate action under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].

(b)(1)(A)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.

(B)The Secretary of State shall revoke a passport or passport card previously issued to an individual described in subparagraph (A).

(2)(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).

(B)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.

(3)In this subsection—

(A)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—

(i)the date on which the individual is released from a sentence of imprisonment relating to the offense; and

(ii)the end of a period of parole or other supervised release of the covered individual relating to the offense; and

(B)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in subsec. (a)(2), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see

Short Title

note set out under section 1101 of Title 8 and Tables.

§212a Restriction of Passports for Sex Tourism