22 U.S.C. § 212a: Restriction of passports for…

Summary

If someone is convicted of the sex‑tourism crime, the Attorney General must tell the State Department and Homeland Security so they can act. The State Department must not give a passport or passport card, and must cancel any passport already issued, while the person is in the “covered period” if the person used a passport or crossed a border to commit the crime. The State Department can still issue a passport for emergencies or humanitarian reasons. It can also limit or issue a passport only to allow the person to return to the United States. Covered period: from conviction until release from prison or the end of parole/supervised release. Imprisonment: being confined to jail, prison, halfway house, treatment facility, or similar place under a sentence.

Title 22, §212a

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

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)Authority to restrict passport

(1)Ineligibility for passport

(A)In general

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)Passport revocation

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

(2)Exceptions

(A)Emergency and humanitarian situations

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)Limitation for return to United States

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)Definitions

In this subsection

(A)

(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