Oireachtas Joint and Select Committees

Wednesday, 30 November 2016

Joint Oireachtas Committee on Children and Youth Affairs

Undocumented Children: Discussion

9:00 am

Ms Edel McGinley:

My name is Edel McGinley and I am the director of Migrant Rights Centre Ireland. The three of us will give a short presentation between us. I am joined by Ms Kate O'Connell, our community and youth worker, and Mr. Pablo Rojas Coppari, our policy and research officer. Usually, somebody who is affected by the issue would present with us. However, because of the nature of the issue we are dealing with and the fact that the proceedings are televised, young people did not want to appear on camera or be visible. A number of undocumented young people are with us today so members are welcome to speak to them afterwards if they so wish.

Migrant Rights Centre Ireland has been in existence for approximately 15 years and has been working with undocumented people during that time. We appeared before the Joint Oireachtas Committee on Justice and Equality two weeks ago in respect of this issue and the broader regularisation of undocumented people in the State. The Tánaiste and Minister for Justice and Equality will be coming before that committee in the coming weeks to discuss the regularisation of undocumented people.

I will provide some background. Migrant Rights Centre Ireland estimates that there are between 20,000 and 26,000 undocumented people in the State. We also estimate that there are between 2,000 and 5,000 undocumented children and young people under 18 in the State. An infographic accompanying our submission states that we surveyed over 1,000 undocumented people and found that 84% of them have lived in the State for five years or more and that 89% are working. These are the parents of the undocumented children and young people we are talking about.

Since the 2005 referendum, children born in this State do not have the right to citizenship or residency. A person is not required to register with the Garda National Immigration Bureau, GNIB, when he or she is under 16. An individual only registers when he or she is over 16. Children are dependent on their parents' status for their own status. Therefore, children born to undocumented parents have no independent status because they are tied to their parents until they are 18.

We refer to the children with whom we work having a triple vulnerability in that they are vulnerable as children, as migrants and because they are undocumented. I intend to focus in my introduction on three issues for these children, namely, the fear and stigma they face, the impact on their mental health and the prospect for them of a restricted or blocked future. Through our work with young people in the past 15 years and particularly through the Young, Paperless and Powerful campaign since 2015, these are the main issues we are encountering. Children become aware of their parents' immigration status from an early age. It is a secret they must hide and there is no scope to be open about this aspect of their lives. This can have a massive impact on their mental health and well-being and prove detrimental to their progression. Many of the young people we speak to believe gardaí can come into their homes, take them away and summarily deport them. Although this is not the case, the perception is that it can happen at any time. It is a massive worry to bear as a young person.

There is often huge mistrust of authority because of this fear of deportation, which means people are reluctant to report crimes. A group of young people we worked with were attacked on the street in a racist incident but were afraid to go to the Garda to seek support and assistance and report that crime. Young people in this situation often feel they need to protect their families and so avoid situations where they might have to disclose their own or their parents' undocumented status. They very much act as protectors of their parents, which is a huge burden to have to take on. We see a great deal of stress, anxiety and depression among young people in this regard. In addition, many young people are dislocated in terms of not having access to their extended families in their countries of origin. Migrant children often have multiple identities. Children we work with talk about being Irish but also having another identity which, nevertheless, they do not really understand because they are unable to make a connection with their extended families. Many young migrants arrived here at a young age and have not returned to their home country since.

In terms of restricted futures, young undocumented migrants are engaged throughout secondary school but when the time comes to sit the leaving certificate, their futures become very uncertain. There is a loss of hope as they deal with the reality that they do not have a right to go to college or work. Faced with that scenario, some young people give up and others work harder. It is a very mixed bag in terms of how people progress. The State invests in these young people at primary and secondary level but they cannot proceed to third level because they are subject to international fees which can be tens of thousands of euro. Their parents are often working in low-income jobs and cannot afford to send their children to college. We are seeing a trend where young people who have turned 18 are entering into low-paid work and potentially exploitative conditions of employment. A cycle of potential poverty is being perpetuated because these young people do not have access to training or education and cannot transfer the skills, talents and experiences they have amassed over their years in school.

I will be pleased to take questions from members in due course. Before that, I ask my colleague, Ms Kate O'Connell, to tell the committee more about the work we are doing with children and young people.

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