Andrew Doyle (Wicklow, Fine Gael) | Oireachtas source

I thank the Ceann Comhairle for selecting this Topical Issue regarding the immigration reform legislation which is before Congress in the United States. The Border Security, Economic Opportunity, and Immigration Modernization Act 2013 was recently passed by the United States Senate by a margin of 68 to 32. The legislation will make it possible for many undocumented people to gain legal status and, eventually, US citizenship through various means. It advances the ideas of talent-based specifically targeted immigration. The new points-based immigration system, which is similar to that in other countries, will allow acceptance of immigrants according to a merit-based system based on professional skills, family relations and work history in the US. The legislation also proposes to remove green card quotas and will create a new W visa category for low skilled temporary workers.

The specific point I wish to raise with regard to the legislation is how J1 visa holders such as Irish students will be affected. In its early stages the legislation contained proposals which would have imposed a levy of $500 on employers, sponsors or the students themselves. This has been changed after lobbying to $100 on all J1 visa holders. It is my understanding that at present no such fee exists, which allows Irish students compete on a level playing field for employment opportunities during the summer. This situation may be at risk. There is also concern the legislation may mean Irish students would have to secure employment in the US before leaving Ireland and this is the key point. If this were to be part and parcel of the conditions it would be very restrictive. When most students travel to the United States they do so in the expectation and hope of getting employment and almost all do so through contacts, family friends, relations and the network of Irish Americans.

The Minister of State is aware the J1 visa has been hugely popular among students. It allows them an opportunity to live and work in the United States for up to four months over the summer holidays. While the Bill addresses the problem of illegal immigration in the United States it would be a pity to see the J1 programme being targeted as a consequence. In 2009, 6,700 students spent their summer in the United States. In 2012 almost 10,500 Irish students availed of the scheme, which is an increase of 54%. When I was young masses of Irish people went to the United States and many of them ended up staying as undocumented. At least two Cabinet Ministers have stated they spent time in the United States under the scheme.

I ask that the $100 charge be reconsidered and I ask the Minister of State to clarify whether work must be guaranteed before a student is able to travel. If this is the case it will have serious consequences for many students.

See this speech in context