Charles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

Last November, President Obama announced his long-promised executive action on US immigration policy but in February of this year an injunction was granted by a federal judge in Texas. This forced the Department of Homeland Security to halt the roll-out of the expanded direct admission of students abroad, DASA, programme and the new deferred action to parents of Americans and lawful permanent residents, DAPA programme. The Administration duly appealed the matter and this is now before a panel from the US Fifth Circuit Court of Appeals. This will require that the application be considered for an emergency stay on the injunction. If the ruling goes against the Administration, it is expected to appeal all the way to the Supreme Court. I acknowledge that there is a legal difficulty in the US upon which we do not have a direct influence and which we are not in a position to say will be finally resolved. It would not be appropriate for me to comment or speculate on the US legal process, which is continuing. That notwithstanding, the Government supports any steps that can be taken to improve the plight, in many respects the very sad plight, of the undocumented Irish in the United States.

There has been mention of an application for a visa-ban waiver. The Deputy is aware from previous discussion of this matter, both at the Oireachtas Joint Committee on Foreign Affairs and Trade and in the House, that an application for waiver on the grounds of inadmissibility is an application for legal entry to the US made by an individual who is otherwise inadmissible on one or more grounds. There are very technical, complex and legal difficulties involved in this. We are in communication with Ambassador O’Malley and are endeavouring to find a solution that will advance matters for the benefit of the thousands of Irish undocumented throughout the United States.

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