Enda Kenny (Mayo, Fine Gael) | Oireachtas source

On 27 January the President of the United States signed an executive order expressed to be done under the powers vested in him under the US Constitution and the laws of the United States, including the Immigration and Nationality Act, INA. The precise meaning of a number of the provisions of the executive order are uncertain. Federal judges in Brooklyn, Massachusetts, Virginia and Washington have issued rulings preventing persons claiming refugee status being sent back to their home countries and the removal or deportation from the United States of persons claiming refugee status pending full court hearings. The legal position is evolving, as we are now aware. On Sunday, 29 January, the Chief of Staff stated that green card holders from the seven banned countries would not be prevented from returning to the United States, going forward. This appeared to be a reversal of one of the key components of the executive order made the previous Friday. In the case of holders of dual nationality and dual passports, clarifications have issued from the USA in the past 24 hours to the effect that if the holder uses his or her passport from the country not listed in the executive order he or she will be entitled to be admitted to the USA. The legality of the executive order and US immigration rules are entirely a matter for the US courts.

Deputy Martin will be aware that Ireland has granted citizenship to approximately 5,000 people from the seven countries involved. Therefore, they have Irish passports and, for instance, Syrian passports. Clarification has now been received to the effect that if one of those persons presents an Irish passport at the point of pre-clearance either in Dublin or Shannon, it is on that passport he or she will be judged and will not be refused entry to the United States. There are a number of important points to be made on this issue. The rights available to refugees or persons wishing to seek asylum in Ireland remain unchanged. Those applying for asylum having arrived in this country or having been transit passengers withdraw from or do not succeed in getting pre-clearance will be considered in each case under the International Protection Act 2015. In other words, if they are turned back at US immigration in Dublin or Shannon and they come back into the Irish setting they are then dealt with under the International Protection Act 2015. As I said, the situation with regard to dual Irish-prohibited states nationals has been clarified. On presentation of an Irish passport they will not be hindered from entering the United States.

Ireland will continue to consider any immigration matters arising from the executive order in line with Irish law. I intend to go to the United States to speak directly to the US President. This morning, the Cabinet was fully in favour of retaining our pre-clearance facility and the Attorney General has confirmed that the issue in so far as the legality is concerned is a matter for the United States courts. In so far as Ireland is concerned, we are in compliance with human rights legislation and in accordance with our own Constitution. Pre-clearance is an important element for Ireland and it is available in Shannon and Dublin. Many other airports have sought it. I have already condemned torture and breaches of human rights in any country around the world and will continue to do so very vociferously.

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