Seanad debates

Tuesday, 11 October 2005

The Secure America and Orderly Immigration Act: Motion.

 

4:00 pm

Photo of Paschal MooneyPaschal Mooney (Fianna Fail)

I welcome the Minister. Without engaging in hyperbole, I wish to state that the tabling of this motion represents an historic event in the distinguished history of the House. The motion is equal in significance to that taken in the Lower House. Over 50 years ago, both Houses of the Oireachtas debated the problems of emigration. It is difficult to believe at this remove that our predecessors could have in any way foreseen that the Government would reach out to the members of its separated diaspora in the US, through our friends in the that country's Legislature, in order to regularise their circumstances. We are talking about people who have left Ireland voluntarily, as distinct from those who had no option but to leave.

I acknowledge and put on the record, without any reflection on anyone else, the outstanding contribution made by the Minister for Foreign Affairs on this issue. It has proven to be fruitful and is an indication of the commitment he has shown to this specific area and to the Irish diaspora in the US and UK, with which I am familiar. He hit the ground running and followed on from the outstanding work of his predecessor, Deputy Cowen, who is now Minister for Finance. It is somewhat interesting that the Minister for Finance had an immediate empathy with his successor in respect of the release of funds. When the Estimates are agreed later this year, I hope there will be a further increase in funding for the Irish diaspora.

I also acknowledge the work done by the Taoiseach. As the Minister for Foreign Affairs pointed out, he was present in March 2005 when this specific issue was raised. When one considers all the other important issues facing the White House and the Irish Government and the Taoiseach, the fact that time was given to a small but extremely important and significant group of Irish nationals who have found themselves in a legal limbo in the US is to this Government's credit. I make no excuses if this sounds party political and is an example of hyperbole. It is not a reflection on anyone; I am merely stating the facts as I see them and as I have known them to be since this issue first arose.

Despite the best efforts of Irish-American politicians over 15 years to address the issue of illegal immigration through measures such as the Donnelly, Morrison and Walsh visa schemes, there remains a small but significant residual group of Irish nationals in the US who, as other speakers and the Minister indicated, have found themselves cut adrift. This is primarily the result of the environment in the US following the terrorist attacks of 11 September 2001. It is ironic to recall the different environment that existed in the 1980s when various visa lotteries were implemented. Such visas allowed significant numbers of Irish citizens — who would not otherwise have had the opportunity to do so — to work in the US and gain the expertise and experience with which they gladly and enthusiastically returned to this country and which is helping to drive its engine of growth.

It is estimated that 250,000 people left our shores during the 1980s and that most of these individuals returned during the past seven or eight years. Those who chose to remain in the US took a chance, despite the fact that the visa waiver programme, which has been operating for some years, was evident to all who were travelling. They took this chance because the atmosphere in the US meant that employers and state agencies did not pursue them, particularly if they kept their heads down, paid their taxes, were good Americans and contributed to the economy.

It is somewhat ironic, as we discovered at our various meetings and as the Minister knows, that undocumented people in the US pay taxes. It seems that there is a large escrow account which contains several billions of dollars generated by the taxation of undocumented people. The question arises as to why it is not possible for the state to identify them and send them back. There has been an ambiguous attitude towards illegal immigrants working in the US, primarily because of the vastness of the country and the strength of its economy.

Senator Bradford is correct to say that there is an enormous number of undocumented people in the US. The Minister also touched upon this issue when he stated that the official estimate is approximately 11 million or 12 million. Some people to whom we spoke in recent months on Capitol Hill indicated that the figure could be 15 million or more. The problem lies in the fact that these people are undocumented so nobody knows how many of them exist. Practically all of them work and they are not a burden on the state. It is because of this that the initiatives in the last few years have come about, specifically the initiative of the distinguished Senators Edward Kennedy and John McCain. This initiative culminated in the introduction of legislation with the rather unwieldy title of the Secure America and Orderly Immigration Act last May.

In our discussions with Senators Kennedy and McCain and other Congressmen on this legislation, it became apparent that if there was to be any hope of meaningful immigration reform passed by both Houses of Congress, it needed to have a security dimension attached to it. The word "amnesty" does not appear anywhere in the legislation because the latter is no longer acceptable on Capitol Hill. This is primarily because most members of both Houses of Congress felt this issue had been dealt with to an advanced degree by the introduction of amnesties dating back to 1986. When the first of the amnesty bills to address illegal immigration was introduced in that year, people believed that would be the end of the matter. It became apparent as the years passed that, because of the way of the world, the size of the American economy and the fact that the border between Mexico and the US stretches to 2,700 miles — the border with Canada is also quite long — an increasing number of undocumented people, particularly those from the south, were pouring in. The vast majority of undocumented people in the US are nationals from Mexico, Central America and South America. I suggest that the percentage is 90% to 95%.

The Irish experience involved the emigration of mainly single males and females going back to pre-Famine days. Due to increased security restrictions along the border between Mexico and the US and the existence of "coyotes"— mercenaries who operate on the southern side in particular and who charge individuals and families significant sums of money to get them across — there has been an explosion of undocumented families, particularly in the frontline border states of Arizona, California, New Mexico and Texas. Recent census statistics from President Bush's home state of Texas indicate that non-Americans make up more than 50% of the population and they outnumber Americans.

If anybody knows about undocumented illegals President Bush does, and it is reflected in his commitment to push a meaningful legislative emigration reform programme through both Houses. As a result of this, a number of Congressmen in the frontline States — I use the generic word Congressman in a non-gender manner — are deeply hostile to this Bill and will vote against it. That they have joined in the battle means it is far from over.

I had the privilege of visiting the United States on three occasions since last May. On the first occasion, my friend and colleague, Deputy Cregan, and I represented Fianna Fáil. In June I was part of a Foreign Affairs delegation which also included my colleague Senator Bradford. Last month I was privileged to have been asked to participate in an annual bilateral discussion in what is known loosely as the Irish American parliamentary association. Outside of the British-Irish Interparliamentary Body, it is the only interparliamentary organisation of Irish and other politicians that meets regularly in the respective home countries. We go there one year and then they come to us. It is another indication of the strong links at political level between Ireland and the United States, apart from those in the business, social and economic life of the United States outlined in the Minister's speech.

I stated this is an historic event because it is the first time the two Houses of the Oireachtas have responded to a specific request from a senior-ranking US Senator, who reached out to his Irish cousins and asked them to give him public support for the legislation he and Senator Kennedy have proposed. Senators Kennedy and McCain specifically requested this and I was privileged to have been present when the request was made to the delegation. In that context, I reiterate my deep appreciation for the alacrity with which the Minister for Foreign Affairs, Deputy Dermot Ahern, acted once it became apparent this request had been formally and officially made. It was more than coincidental that he was on official duties in New York during that week. He was able to act and respond immediately to the advice he received from the delegation, his party colleagues and, importantly, from the Irish Embassy in Washington led by the ambassador, Mr. Noel Fahy. The Minister rightly mentioned that.

I wish to put on the record and acknowledge the outstanding contribution the Irish Embassy made to ensure doors were open to us on all of our visits, including those of the highest-ranking politicians on the hill, and also the manner in which the embassy staff were able to interpret the political environment in which we operated. They gave us the advice we required to engage in talks to convince a number of US politicians of the existence of an Irish dimension to what they perceived until this year as an exclusively Mexican and Central and South American problem. It surprised a number of long-standing sympathetic Irish-American politicians that an Irish dimension existed. They had not come across it, even in their home states.

That returns to the point made by the Minister on the numbers involved. This is not a numbers game, but inevitably the question arises as to how many were involved. Nobody can answer with any degree of certainty but the figure quoted in the Minister's speech is a fair average. Even if only 1,000 or 5,000 are affected as has been stated here, those individuals and their families suffer personal anguish on a weekly and monthly basis whenever a family event occurs. If it is a happy event one can sigh with some sympathy and express pity that the person did not make it home for a birth, confirmation or communion. However, as is the case in a number of instances of which I and my colleagues are aware, it can involve a death or lingering illness and there is no chance a son or daughter will see his or her mother or father alive again. Usually the person involved has been in the United States for approximately ten years and the pain of returning to Ireland is in leaving behind all that has been built up over those ten years, knowing once he or she returns to Ireland he or she will not be able to get back to the United States within the lifetime of the individual he or she has come to see. Under the visa waiver programme, if one overstays by more than 12 months, one is debarred from re-entering the United States for ten years, and in the present security climate there is no guarantee one would be allowed to return even then. That is the harsh reality for a significant number of Irish families in practically every constituency in the country, especially in constituencies with a tradition of emigration, such as my own.

My county has haemorrhaged people. In 1841 it had a population of 240,000 and the last census recorded a population of 26,000. Most of them went to the United States. I feel so passionately about this issue and issues relating to the Irish diaspora because of my personal experience and the fact that I am a former emigrant. As I have often stated in this House, I understand to some degree the pain of emigration because I had to leave. It was not a voluntary decision.

I concur with the comments made that those involved are good Americans in the American context and they pay taxes. The problem must be addressed. The President of the United States indicated his full support for an emigration reform programme. Senators McCain and Kennedy, who are bipartisan and come from both sides of the House, are fully committed to this Bill. In the previous meetings to which I referred, the mood was not one of great confidence. However, I hope Senator Ryan will speak on this later and confirm that after we met with Senator McCain in September we left buoyed with confidence that this Bill would be successful. When one considers that Senator McCain, a senior-ranking Republican tipped to be a possible presidential candidate in 2008, gave us 50 minutes of his time it gives an indication of his commitment to this issue.

In the short time left to me I wish to acknowledge all initiatives taken by the Government to help the Irish abroad, not only those in the American context but to that closest to me, namely, those in England. In particular, I acknowledge the initiative taken to allow those in receipt of pre-1953 pensions, which accounts for approximately 70% of the Irish in Britain, to enjoy a 50% increase in their pensions on top of their UK pensions. It has cost the Irish taxpayer €100 million and it is money well spent. It has been outstandingly successful and I acknowledge the role of the Federation of Irish Societies in particular for ensuring the passage of information, as did two national newspapers representing the Irish, the Irish Post and the Irish World.

I also compliment the Minister on establishing the emigrants abroad unit. I am pleased to see Ms Síle Maguire is in the House to advise the Minister. I have dealt with her particularly on the issue of the Irish in Britain and she is an outstanding public servant. I hope she conveys our thanks and appreciation to the head of that unit, Mr. Seán Farrell, for his outstanding work.

I appreciate the Leas-Chathaoirleach is indulging me with regard to speaking time. My final point is to suggest that the Minister might consider changing the law to permit US citizens, particularly students, who wish to experience Ireland extend their stay. Similar legislation might then be passed in the United States to allow young Irish people extend their stay. According to the law in both countries, one can only stay for three months and one cannot work or stay beyond that point. Increasingly, young Irish people are not travelling to the United States and many Irish-Americans and American nationals wish to visit Ireland because it is the place to be. This would further bilateral relations between the two countries. We know from our discussions with American politicians that they would welcome this legislation and I ask the Minister to pursue this in his dealings with them and his colleagues in Cabinet. This is an historic and significant day for the House. I fully support the motion on which I have been privileged to speak. I wish the Minister and his staff continued success.

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