What the ‘Prevent Departure Program’ does is provide immediate information to the transportation industry, including all air, land, and sea channels a single point of contact at Customs and Border Protection (CBP), and provides a comprehensive database of individuals the United States believes may immediately depart to a foreign country.
The program only applies to aliens, and is not available to stop U.S. citizens or dual U.S./foreign citizens from leaving the country.
Under Section 215 of the ‘Immigration and Nationality Act’ (8 U.S.C. 1185) and it's implementing regulations (8 CFR Part 215 and 22 CFR Part 46), it authorizes departure-control officers to prevent an alien's departure from the United States if the alien's departure would be prejudicial to the interests of the United States. These regulations include would-be abductions of U.S. citizens in accordance to court orders originating from the child’s court of habitual residency.
If the abductor and child are identified, they will be denied boarding. In order to detain them after boarding is denied, there must be a court order prohibiting the child’s removal or providing for the child’s pick-up, or a warrant for the abductor.
In order for an at risk parent to participate in the program, all of the following must be demonstrated:
1. Subject may NOT be a US citizen; and,
2. The nomination must include a law enforcement agency contact with 24/7 coverage; and,
3. There must be a court order showing which parent has been awarded custody or shows that the Subject is restrained from removing his/her minor child from certain counties, the state or the U.S.; and,
4. The Subject must be in the US; and,
5. There must be some likelihood that the Subject will attempt to depart in the immediate future.
With respect to the established guidelines listed above, note that in order to request the listing of the other parent, that person must be an alien of the United States. The program does not apply to US citizens at risk of leaving the country.
The second mandate states a request to place an individuals name on the Prevent Departure Program must include support by a law enforcement agency or from the Department of State's Office of Children's Issues, which has the authority of requesting for the Department of Homeland Security to list a suspected child abductor on the Prevent Departure Program.
The third criteria: possessing a custodial order, is essential. Regardless if the other parent has joint custody or rights of visitation, critically, you must make sure that there are injunction orders in place prohibiting the child from being removed from the jurisdiction of habitual residency. Unfortunately, many international parental child abductions are well planned out in advance of the actual abduction, and the targeted parent has no idea that an abduction is in progress until it is too late. This is why it is essential for parents in partnership with nationals to be fully aware of the warning signs associated with a potential international child abduction.
The fourth criteria states the obvious: in order to prevent an alien-parent suspected of abducting a child on U.S. soil, that parent must be on U.S. soil.
The fifth criteria requests that the applying parent demonstrate that the alien-parent has demonstrated the likelihood of abducting the child across international borders in the immediate future. Remember – you need to document and record as much evidence as possible.
For many parents who face the risk of having their child abducted and removed across international borders, the nightmare that both targeted parent and victimized child face is unbearable.
The Prevent Departure Program is not for everyone and should not be abused; however, in situations where an abduction threat is real and the targeting parent intent on abducting a child is a non-US citizen possessing the capacity to breach court orders and abduct a child of a relationship, the Prevent Departure Program may be a useful tool. chasingthecyclone
I would suggest getting your Congressman and Senator engaged in your goal. Request that the assist in expediting your application for the Prevent Departure Program.
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Additional Precautions:
In a perfect world the groups below would react to a potential abduction with precision that of course is not the case. Contact your State Attorney and explain what you have gone through and what you anticipate. Include the legal methods of protection you already have
in place and waiting on.
Ask that the States Attorney communicate to your Local Police Chief, County Sheriff and State Police Sgt Major who covers your territory, give copies children's most recent photos; update the photos to these groups every 6 months. Request the States Attorney send you a letter when they have finished communicating to all of the local law enforcement.
Request a National Child Identification Program Kit from the FBI. Kit provides a physical kit to gather your child’s pictures, fingerprints, personal characteristics, and even DNA to keep with you in case of emergency.
If your an I-Phone user
http://www.fbi.gov/news/stories/2011/august/child_080511Upload the FBI "Child ID App".
School - Friends - Community Programs - Sports.
Maintain a clear and unbreakable chain of certainty with those that are engaged in your children's life; "Only myself and other" will pick up my children. Direct communication via phone to "myself and other" is the only method that will change any previous arrangement (ask that they be vigilant to ensure that your phone number & other is verified if a call is made). Written notes from anyone should alert you to immediately, protect children, dial 911, then contact me!
I pray the peace you have earned finds you every minute of every day. L.E.R.P.
