Andrew Doyle (Wicklow, Fine Gael)
Link to this: Individually | In context | 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.

Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context | Oireachtas source

I also availed of the J1 visa when I was a student and I found it very useful and valuable. We would certainly like to protect it and it should not be undermined in any way.

The Government fully supports the valuable opportunity the Jl summer work and travel programme provides for Irish students who wish to work and travel in the United States during the summer period. The participation of tens of thousands of young Irish people in the programme has made an important contribution to the development of our bilateral relationship. The issue of possible changes to the Jl programme forms part of the broader context of immigration reform in the United States.

As the Deputy will be aware, the welfare of the Irish abroad has been a top priority for successive governments. In particular, the plight of the undocumented Irish in the United States has been a cause of concern for many years and this Government has been committed to a resolution of their situation. In this regard, the Government has actively pursued our interests in the ongoing debate on immigration reform.

I very much welcome the vote last week by the United States Senate to approve a Bill that provides for comprehensive reform of the American immigration system. That is a very positive development that takes us another step closer to addressing the problems faced by undocumented Irish emigrants in the United States. I strongly welcome the provisions in the Bill passed by the Senate to address the concerns of undocumented Irish emigrants and the specific E3 provisions for Ireland that provide a legal pathway for the future.

Liam Twomey (Wexford, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Minister of State's telephone could be interfering with the sound system.

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

They are bugging the Minister of State's telephone.

Dessie Ellis (Dublin North West, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

There is a buzz about the place.

Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context | Oireachtas source

I do not think it is my telephone.

Earlier versions of the Bill and some amendments sought to make changes to the Jl summer programme. These changes would have included the classification of Jl summer participants as "foreign labourers", thereby imposing heavy additional obligations on their employers and the sponsoring organisations who operate the programme. There was also a proposal for each sponsoring organisation to pay a fee of $500 per participant. The Department of Foreign Affairs and Trade listened closely to the concerns of the operators in Ireland and the United States, who feared that this fee would render the programme financially unsustainable and force them to withdraw from it. The Tánaiste wrote to the Secretary of State, Mr. Kerry, to express his deeply-held concerns on this issue. The Tánaiste also spoke directly to Senator Patrick Leahy, chair of the United States Senate Committee on the Judiciary, to explain the impact the measures would have on the many Irish students who benefit each year. Following interventions by the Tánaiste as well as intensive lobbying by the embassy, Jl operators and student groups, I am pleased that the Bill as passed by the Senate includes provisions that will allow for continuation of the summer Jl visa programme that has meant so much to successive generations of young Irish people. Jl participants are no longer classified as "foreign labourers" and the proposed additional fee has been reduced to $100, payable by either the sponsoring organisation or the student. I look forward to the continued successful operation of the programme in future years. The legislative process in the United States remains ongoing and we will continue to monitor developments and seek suitable opportunities to highlight our interest and improve the scheme.

Andrew Doyle (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I compliment the Tánaiste and embassy staff on the work they have done to secure a reduction in the fee. It is regrettable that there is a fee at all but $100 is much more affordable than $500. On the conclusion of the previous business, tribute was paid to staff in the various diplomatic missions across Europe on the work they did during the Presidency. I wish to commend the Minister for Agriculture, Food and the Marine, Deputy Coveney, and his team and to put on record my appreciation for what they did with the CAP, and also to embassy staff with regard to this matter.

Is it the case that if J1 participants are not classified as foreign labourers they will not need to secure employment before departing to the United States? If that is possible then the Bill as passed by the Senate will be acceptable.

Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context | Oireachtas source

My understanding is that J1 visas will operate on the same basis, namely, that no employment is required prior to departure to the United States. Furthermore, the Bill now moves on to the House of Representatives and the Government will continue to seek to influence the stakeholders there. The Tánaiste will visit Washington next week and he will meet with key players on Capitol Hill in regard to this and other matters, in particular areas of immigration reform, resolution of the problem of the undocumented where progress is clearly being made, the provision of further legal migration from this country via the E3 scheme and the accessibility of the J1 summer programme. All of those matters are on the agenda. The best work is done on a person-to-person basis, in particular in our bilateral relations with the United States. That will continue very strongly. The matter of J1 visas, as raised by the Deputy, was largely resolved on a one-to-one basis by the Taoiseach and the work that was done in the embassies as well.

We wish to resolve the situation for undocumented Irish emigrants and to ensure that through the resolution there is no negative effect on J1 summer visas, in particular for students travelling to the United States. We will continue to monitor the situation.