Dáil debates

Tuesday, 19 May 2015

Other Questions

Undocumented Irish in the USA

3:25 pm

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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19. To ask the Minister for Foreign Affairs and Trade if he will provide an update on his efforts on behalf of undocumented Irish emigrants in the United States of America; and if he will make a statement on the matter. [19282/15]

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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As all of us in this House know, the difficulties encountered by so many Irish emigrants in the United States, who are commonly referred to as the "undocumented Irish", represent an issue of grave concern to the individual emigrants themselves, their families in the US and their families here in Ireland. We are all aware of the difficulties faced by those emigrants when they need to travel home for a family occasion, such as celebratory event or an event necessitated by a family bereavement. Can the Minister give us an update on the progress, if any, that is being made to regularise the position of the more than 10,000 undocumented Irish in the US of whom we are aware?

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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The achievement of relief for undocumented Irish migrants in the United States is a priority for the Government in our contacts with that country. We are continuing to work closely with high-level Government contacts, as well as with many other individuals and groups across Irish America and beyond, through the Irish Embassy in Washington and our consulates throughout the US. All of this work is aimed at achieving relief for undocumented Irish migrants in the US and improved channels for legal migration between Ireland and the US.

During his visit to the US in March and throughout a series of high-level contacts with the US Administration, with the US Congress and at state level, the Taoiseach has raised the issue of immigration reform and the plight of the undocumented Irish. He has stressed that almost every family in Ireland is related to or knows somebody who is caught up in this deeply distressing situation. During his meeting with President Obama on 17 March last, the Taoiseach commended him on the executive action he announced last year. This action is currently the subject of legal proceedings in the US federal courts. The Taoiseach emphasised the need to allow the undocumented Irish to come out of the shadows and be free to travel home for family events. He highlighted the issue of those among the undocumented Irish who might be eligible forvisas, but who would be required to return to Ireland for their issuance and hence would require waivers for their prior periods of undocumented residence.

The Taoiseach also pointed to the need for a legal pathway to allow for future Irish immigration to the US by those who wish to make a contribution there. He expressed the hope that a political way forward on this issue could be found to encourage progress on a comprehensive package of legislation by the US Congress. President Obama spoke of his executive actions on immigration reform and acknowledged the contribution of Irish immigrants to America's development. He said he considers that one of the great strengths of the US has always been its willingness to welcome new immigrants to its shores.

I also had the opportunity of raising the issue of immigration reform, including the possibility of immigration reform legislation and the question of visa waivers, when I met with Vice President Joe Biden in Boston on 30 March. I have also had the opportunity to discuss these matters on several occasions with the recently appointed US ambassador, Kevin O’Malley.

3:35 pm

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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I thank the Minister and wish him well in his continuing work on this very important issue. We are all aware of families, and often elderly parents, who are concerned that sons or daughters may not be able to travel home from the United States for family occasions. It is raised constantly at our constituency clinics, in particular with those of us who represent counties with a significant history of emigration. I cannot emphasise strongly enough the importance of ensuring that every avenue is pursued to try to make progress on this very important issue.

Does the Minister have an update on the executive proposal initiated by President Obama some time ago, which a section of the Republican Party opposed? It has been indicated to me that some countries got a visa waiver programme and that we had not sought such a scheme. I do not know if that is correct.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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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.

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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Does the Minister have any indication of when the legal process in regard to President Obama’s executive proposal is likely to be determined and when the court process will be complete? Are any efforts being made by Republicans and Democrats in the House of Congress to go back to a proposal that would meet with favour through the normal legislative route?

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I do not have a date in respect of this court hearing. Should I get any information, I will be happy to report that to the Deputy. It would not be wise of me to speculate on a likely hearing date for a court action. The Deputy is correct that, the court case notwithstanding, it is important that we continue to ensure we raise these issues with our US counterparts as often as possible.

I referred to the Taoiseach's engagement with President Obama and my meetings with Vice President Biden. In addition, the Taoiseach discussed immigration issues with Congressman Paul Ryan of the Republican Party during his visit to Ireland on 30 March. The Government as a whole, including my Department and the embassy in Washington, will continue at all times to follow up on all the issues raised recently with the US Administration, Congress and the US embassy in Dublin. I urge all Deputies, including Deputy Brendan Smith, to pursue this matter with any contacts they may have as such endeavours would be especially useful in ensuring political support across the House of Representatives for this most important issue.

Question No. 20 replied to with Written Answers.