Season 2 - Episode 8 - Give Back My Passport (I Have A Right To Travel)

 Give Back My Passport (I have a RIGHT TO TRAVEL)

@chrish289
(c)copyright, 2021 - 2030

Introduction:
Chris H  0:18  
Welcome, child support can suspend your passport 42 USC 652 section K. In 1996, the passport denial program was implemented under Section 370 of the personal responsibility and Work Opportunity Reconciliation Act. As you know, this is one of the foundations for the Child Support Program. In 1997, the Social Security Act updated section 452 K, to establish the guidelines for the restrictions of passport. 

Now, the reason why we're covering this brief history such that you understand where the program started, such that you prevent any of the agencies representative from forcing you to understand where the history started. So let's continue. In 2006, this section was amended to reduce the threshold from $5,000 in arrears to 20 $500 in arrears. 

Also the secretary of the state shall transmit what is called a certification. And we will cover that certification to the Department of State's who shall revoke or deny for passport with individuals that have Child Support arrears. Now, under this section, these Social Security Act also updated section 454. sec, section 31 of the Act mandating that the title for program includes a passport denial, wherein as the states are required to give you an opportunity to rebut the now program as well as due process violation. However, here is the problem. 

The agencies do not follow these rules. And therefore it's up to you to understand if your passport has been revoked the steps you should take also will review the case law Weinstein versus Albright as well as Department of Revenue versus Nesbitt. These are the two primary cases that the agency likes to quote to says that they are allowed to take your passport.

Chris H  2:32  
In order to lose your passport, there are a couple of things that you need to know. For example, the State Department does not notify you that your passport has been suspended or revoke. So here are their rules. Whenever you renew an existing passport, they could seize it, as well as if you're adding pages or repairing a damaged passwords, whether it's waterlogged or soaked. Again, they can take your passport. 

If you want to change or update your picture, or your name that also leads to the taking of your passport. Here's the reality check. Your passport is not your property, it's not part of your state, it's not part of your possession. That is, United States government is the sole responsibility for your passport and at any time, they can revoke it for several reasons. 

In this case, the Child Support Agency are the ones who are suggesting and recommending that your passport be revoked as a result of arrears and child support. Hello, my name is Chris. And on this channel, we help you to understand the child support at CIT agency and how it comes in direct conflict with your rights and due process. Now to get frequent updates to the child support, please subscribe to our channel. If you lose your passport, there's a likelihood that you're also could lose access to your driver's license. We have a video called Give back my license on this channel review that but the way the agencies designed revoking of all license is part of their enforcement project process. 

The revocation of your passport or license falls under what is called the federal offset program. Here I've highlighted the technical guide which was last updated in December 12 2012. So the question becomes, if for any reason that you suspect that your passport has been revoked, should you fight for it? Well, our understanding is you have a right to travel you have a constitutional right to travel. And if you need that passport in order to travel, then it makes sense for you to fight for it. If you'd like to have Have your passport after it's been revoked. 

There are three things you could do to work with the Department of State outside of the office of child support enforcement. That is, the first step is if you have an emergency. Now the emergency obviously have to be documented, where you have paperwork to show that you need your passport, whether for work, or for traveling outside. Next, in the event that there's a death in the family of a family member. Again, they have a list of what is called qualified family member, parents, grandparents, siblings, aunts, uncles, step, children, and the light. 

Now they asked for that you provide proof of relationship as well as the proof of death. And also the documents must be translated in English. Next is medical emergencies, and they classify medical emergencies such as for yourself or a family member. Again, the approved family members are stepchildren, grandchildren siblings, you must provide documentation and you must provide reasons for the medical emergency so that you can obtain a passport. 

Again, the documents must be translated into English. Now outside of these three provisions for getting your passport without working with the officer child support. We here on this channel provide you with more details, we have a section called call to action. Here's where we provide additional information for you to get your passport back. Let's review the case laws on the suspension and limited passport. There was a case known as Department of Revenue versus Elton Nesbitt, the third, this was decided by the fourth district of appeals in the state of Florida, as well as another case called Weinstein vs. Albright. 

That's Second Circuit Court of Appeals. Throughout these two cases, it was decided that it's okay for the state to revoke your license or recommend that the department, the State Department revoke your license. But the one key thing you should note within this lawsuit, it says, If for any reason you're not an American, sure, the State Department must guarantee that you could travel back home Yes, that is the case. If you are stranded in another country, and your passport was revoked, the State Department is responsible for bringing you home.

Chris H  7:39  
This brings us to 45 CFR 264. Point three zero. We've mentioned this before in our past videos. And what it states is that your state agency must refer all appropriate individuals in the family for child support to establish paternity as well as those who have not stopped paternity. It is our belief that the title for the program has a database that they track everyone, they've submitted everyone into that database, which lends itself that the passport program this is how they're able to suggest or recommend that you lose your passport. 

As a result of child support. We have a another video called defending my rights, you can review that if you'd like to challenge the agency on this particular process. So let's move on. So the state, the states are required on section four or five 431 as well as 42 USC 654 31. To what they go put a program in place for the suspension of your driver's license. One of the first requirement is it was first set at if you're in arrears and amount exceeding $5,000. 

When that happens, the title 4d program prepares what is called a pre offset notice or a PLN document. And inside this document, they lists that your arrears as well as other key information. The second requirement is that they certify this amount and then submit that to the State Department to say that this particular individual should lose their right to the passport. And the third, third section within this process of 45 for 31 is that the state and the title for the agency Office of Child Support Enforcement should not be liable to an individual for an action with respect to the certification process. 

Now here's the problem. The only way that immunity can be applied is that it must be the judicial branch of the government that is the only area under the supremacy clause United States where one has immunity. There is no immunity from any process outside of the judicial function. Therefore, this particular requirement that the state and officer Child Support cannot be liable is completely on true, they are at always liable for their actions. So this is one of your remedy, understand that you can charge him with a violation of due process. 

And this is the section that you use in which to establish a violation of due process. So, let's look at the due process requirements. It goes on further that in Section four, five CFR 303, point three, five a, and here's the process, the Office of Child Support prepares what is called the offset notice or the PLN. They have 30 days in which to submit that to you, before they start, the process of the certification is also required under this particular statute section, that the state your state, and the Office of Child Support must have what is called an administrative complaint procedure. That is to give you 30 days in which to contest or challenge revocation of your license. 

Now, once the Office of Child Support certifies that they then send annually in sometimes semi semi annually, to the State Department to say that your license is suspended. Now, this whole process, there are no audits, there are no one overseeing this particular prop process, as well as this is where your challenge, it is not audited, you have no idea who's following the rules, how the rules are being implemented, and 30 days is not enough time for you to challenge. 

So if you want your passport back, this is the section this is what you are challenging. So now let's look at what is called the areas that covers the passport suspension process. And it's important to know where all this began. Earlier, we gave you a brief history of public law 104 dash 193 where this all started. But you should also be aware of 22 CFR Part 51, which was enacted in 2006. This is where they placed under this section, that you're past that the amount that you owe went from 5000 to 20 $500. We have information to show that this was not

Chris H  12:37  
was not put into law, however, it is part of part of the Federal registry. Again, this is your area of of challenge. Within the title for the agency, they must set up what is called the passport denial process or program. And here is where if you have a challenge or an objection under the statute to challenge or rebut your denial of passport, here's the list. Now I've circled on here, it was revised on June 2019. I have the complete list. For all the states. Send us an email if you'd like to know for your particular state where that office is located, their address and phone number as well as emails. 

The information that we provided thus far on this channel and in this video is that it's information for you to use to challenge your passport, you have a right to travel. However, you need documentation in order to travel such as your passport, or your driver's license, the Office of Child Support can revoke those license. And here we're highlighting that we can provide this information to you because under share versus Board of examiners, the practice of law cannot be licensed by any to any states. So therefore, we can provide education to you regarding your passport. 

This brings us to where we call our call to action. Outside of the steps we mentioned earlier, here's what we recommend. Get a copy of the Department of Justice letter and the C o l for now next, contact the child support enforcement office and request all documents relating to the suspension of your passport, as well as your license. In the case of your passport. You're looking for the pre notification form. 

That's the PLN form. This is important to have that once you have all your material, prepare or draft a notice in support of reinstatement of your passport based on either the email Emergency deaf or the other categories. also send us an email and request what is called the contacts for the denial of the denial of the passport program. Now for any reason you have a questions or comment, please feel free to email us. We provide research or materials that we feel are appropriate to your situation with the child support. 

Next, we also ask that you subscribe to our YouTube channel as well as Rick refer and recommend our channel to other people who may be going through this process. In addition, we ask for small donation we ask for a gift of $25 but any amount is accepted so that we can continue our work. So here we are the end of or the close of this video. There are some other links here that we feel that you should review in. Thank you