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Section 237(a)(2)(A)(v) was added to the INA as part of the Adam Walsh Child Protection and Safety Act of 2006 (PL 109-248, 120 STAT, Jul. Please see our full article on the immigration implications of the Adam Walsh Act to learn more [see article]. The statute provides for enhanced sentencing of up to 30 years in prison for certain individuals who both fail to register or update registration shall be fined under this title, imprisoned not more than 10 years, or both. Thus, two elements required for conviction under this section are the requirement to register and the knowing failure to do so.

Further, every local law enforcement authority in Texas maintains a sex offender registry that contains information on all sex offenders registered with the authority.

Like the information in the TXDPS database, state law makes most registration information contained in local registries available to the public.

This is because section 237(a)(2)(A)(v) covers any alien who is convicted under 18 U. If an alien is subject to SORNA's registration requirements, it is essential that he or she comply with them.

For this reason, aliens facing criminal charges are also well advised to undergo a consultation with an experienced immigration attorney.

Some local law enforcement authorities have established local websites the public can access to search for sex offenders living in their community.

State law also permits local law enforcement authorities to publish some sex offenders in a newspaper, circular, or other periodical that serves the community the sex offender resides in.

The affirmative defense relates to establishing that the failure to register, if required, was due to uncontrollable circumstances. The INA relies upon the mere fact of a conviction under 18 U. The time to advance an affirmative defense for an alien must be during the ongoing criminal case, and not during immigration proceedings following a conviction under 18 U. An individual may successfully defend against a charge of violating 18 U. For this reason, it is important for an alien to consult with an experienced immigration attorney if he or she is facing criminal charges in the first place.

Before proceeding, it is important to note that this issue is distinct from an adjudication of an alien's deportability under section 237(a)(2)(A)(v) of the INA. 2250, and therefore these affirmative defenses would not be relevant in the immigration context. However, as we will discuss in the conclusion, an alien facing criminal charges is well advised also to consult with an experienced immigration attorney regarding how different outcomes to the criminal proceedings may affect his or her immigration situation. 2250 by establishing the affirmative defense as provided in 18 U. It should be noted that in many cases, the underlying sex offense that would necessitate SORNA registration requirements would trigger adverse immigration consequences for the alien.

This means that a conviction under a similar law regarding failure to register as a sex offender will not render an alien deportable under section 237(a)(2)(A)(v). Secondly, the statute covers intentional violations of travel reporting requirements that apply to registered sex offenders. SORNA establishes the rules for when an individual is required to register as a sex offender or to update his or her sex offender registration. If an individual engages in or even to engage in the intended travel or foreign commerce without first meeting the registration requirements, he or she will be covered by 18 U.

First, the statute covers violations stemming from failing to register or failing to update registration as a sex offender. Our discussion of the statute will reference the Sex Offender Registration and Notification Act (SORNA). _ SORNA has certain reporting requirements for individuals covered who are seeking to travel or to engage in foreign commerce.

Finally, if a high risk sex offender or a civilly committed sexually violent predator moves into a community, the TXDPS will notify the community by mailing to each residence and business in the community a postcard containing information about the offender or predator.