Niall Blaney (Donegal North East, IND-FF)

I welcome the opportunity to speak on this issue. Undocumented immigrants in the United States continually face numerous problems, of which Members are well aware. Thankfully, US politicians are also becoming familiar with the issue. It is welcome that several Bills are before the US Congress proposing various means of legislating for immigration reform.

The plight of the undocumented Irish in the United States was brought to my attention this year when I took the liberty of travelling to the US for the St. Patrick's Day celebrations with members of the local authority in County Donegal. I met many people from Donegal and elsewhere in Ireland, many of whom were friends and neighbours. They outlined their concerns to me as illegal workers in America.

The undocumented Irish in the United States, of which there are many, live under very difficult circumstances. They are in a position in which they are constantly watching their backs for fear of being deported back to Ireland, even those who are resident in the country for years. It is well recognised that the Irish, undocumented or not, contribute greatly to the economy in the US and are certainly not reluctant to work and pay their way. The greatest problem facing these people is their inability to travel back and forth to visit their relatives who are quite often elderly parents. They are forced to miss out on many family occasions such as weddings, births, anniversaries and funerals.

This situation is not one that will of itself go away and is consequently of the utmost importance to us as politicians here in Ireland. I am very pleased that the US Government is taking such a keen interest in enforcing new legislation regarding the matter. I support the Secure America and Orderly Immigration Act as introduced in the US Senate by Senator Edward Kennedy and Senator John McCain and in the US House of Representatives by Representative Jim Kolbe and Representative Jeff Flake.

This legislation will greatly improve the living conditions of the undocumented Irish in the United States and also give great consideration to family members of those exiled there. If this legislation is brought into effect, undocumented migrants will be able to apply for either a H-5A or H-5B visa, among others. The H-5A visa will be valid for three years and renewable once with no waiting period between renewals, and will allow an adjustment of status at the end of four years through self-petitioning or at any point through the sponsorship of people's employers. The legislation also contains a provision to allow the families of holders of a H-5A visa to accompany them to the US. It is proposed that 400,000 H-5A visas would be allocated initially subject to an annual review based on demand.

The H-5B visa will be valid for three years and renewable once and can be obtained if the migrant can demonstrate that he or she was working without authorisation in the US on 12 May 2005. The migrant will also have to prove that he or she has been paying taxes and has had criminal and security background checks. It will also be necessary to pay application fees and penalties. Those who secure a H-5B visa will be given the opportunity to apply for legal permanent resident status after holding the visa for six years and the payment of a second fine of $1,000.

It is of critical importance that the Secure America and Orderly Immigration Act as proposed by Kennedy and McCain is adopted into legislation as we have too many fellow Irish men and women living in fear of being deported from the United States. This legislation will give them the best opportunity to regularise their status and permanently lift the constant threat of deportation, thus creating a situation in which these people can continue to contribute to the US economy and communities in which they live and to which they belong.

I acknowledge the work done thus far by our Government and by the Minister. I hope he makes every effort to continue the work because much remains to be done on this legislation. He should try to ensure that it goes through sooner rather than later. Enough visas must be issued to cover all Irish emigrants, not just a proportion of them.

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