James Bannon (Fine Gael)

I welcome the Minister of State to the Seanad to debate this important issue.

Many politicians, not just Oireachtas Members but also local public representatives, visit the United States for St. Patrick's Day festivities and get a huge welcome. We only need to visit America to recognise that it has a long history of welcoming people, not just immigrants but perhaps even illegal or undocumented immigrants. The US welcoming philosophy is inscribed on the Statue of Liberty in the immortal words inviting the world to "give us your tired, your poor, your huddled masses yearning to breathe free".

American immigration policy has the appearance on paper of being fair, reasonable and highly regulated, but it is in urgent need of reform. A climate exists whereby immigrants are forced to go underground, living on the outskirts of society. In many cases US resources are being spent tracking those who wish to live on the right side of the law, rather than those with more sinister agendas.

The Secure America and Orderly Immigration Act 2005 was introduced in May 2005, by Senators Edward Kennedy and John McCain, but no new law has been passed nor is any new legislation in place to date. I hope the debate in this House and that held in the Dáil will help the legislation to progress.

The Act has four main elements, namely, earned legislation, which gives undocumented immigrants living and working in the United States the opportunity to earn their legal status; family reunification, which would increase the per-country limits for family based and employment based immigrants; future workers, which addresses the future flow of immigrant workers by creating a new H5A temporary visa which will allow foreign workers fill available jobs in the United States; and immigration enforcement, which enhances national security and creates the means to produce a new well functioning immigration system with regard to border security, biometric immigration documents and a new employment confirmation system.

Several figures have been bandied about today. However, with a figure of from 5,000 to 50,000 undocumented Irish in the United States — the upper figure being the more credible — the Act's proposals are welcome. The Government must lobby strongly for the implementation of the Kennedy-McCain proposals with the utmost urgency.

In common with the figures for the constituencies of every Member of the Oireachtas, a significant number of emigrants from Longford, Westmeath and the midlands area have gone to the United States over the past 25 to 30 years. They, their families and friends at home are conscious of the shadow under which they live their lives. My concern, along with that of my colleagues for emigrants from their parts of the country, is the fear and uncertainty experienced by undocumented Irish workers, most of whom have filled and hold essential jobs, who face the spectre of deportation, leading to the break-up of families, loss of income, ruined career prospects and the inability to return to America after visits home to relations and friends. Senator Mooney and others mentioned some of these who return for funerals or to visit terminally ill parents and relatives.

With a figure of 12 million illegal immigrants living in the United States, it could be argued that the Irish numbers are relatively low. However, it is up to the Government to ensure that their fate is not pushed aside and lost in the fierce debate on immigration, particularly with regard to the 1 million Mexicans who cross the border every year. No undocumented Irish people will present themselves to the immigration authorities without the protection this legislation would give them. Not only are many of them in well paid skilled work, but many are employers who contribute to the US economy. They have fallen victim to the reaction to the attacks of 11 September 2001, which makes a general amnesty on the lines of the Bruce Morrison visa scheme impossible. However, the Bill as drawn up by Senators Kennedy and McCain would allow previously illegal immigrants to begin the process of legalisation of their status, provided they have no previous criminal record and they pay a small fine.

It goes without saying that despite our anxiety to protect and assist our people, the best interest of the US must be protected. The proposed legislation must take its place in line and compete with a time of war, the appointment of a Supreme Court Justice, a major row over the leaking of an undercover operative's name and the effort by President Bush to persuade the American people to invest a portion of their social security in the stock market.

The Secure America and Orderly Immigration Reform Act 2005 is in direct opposition to the Comprehensive Enforcement and Immigration Reform Act 2005, on the issue of earned legal residence. That Bill does not offer undocumented immigrants the potential to achieve legal status while remaining in America, but rather proposes to limit legal status to a renewable temporary worker visa after mandatory departure from the United States.

There is also a proposal to limit the number of diversity or Schumer visas. Even with the Republic and Northern Ireland qualifying separately, the number of such visas has declined in the past few years. This can be attributed to the fact that the Schumer visas are open to a large number of nations and draw millions of applications worldwide.

I welcome this motion as a chance to encourage this lame-duck Government to do everything it can to put the undocumented Irish on the right side of the law of their adopted country.