Written answers

Thursday, 17 December 2015

Department of Foreign Affairs and Trade

Undocumented Irish in the USA

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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30. To ask the Minister for Foreign Affairs and Trade the progress on the establishment of a visa waiver scheme with the United States of America for the undocumented Irish; and if he will make a statement on the matter. [45115/15]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Achieving relief for undocumented Irish migrants in the US continues to be a priority for the Government in its contacts with the United States. Through our Embassy in Washington and our Consulates throughout the U.S., and in conjunction with regular high level political visits, the Government continues to promote the immigration reform agenda with high level Government contacts in the United States and with many other individuals and groups across Irish America and beyond.

As I indicated to Deputy Naughten last month, the Government are aware of and have raised the matter of waivers for 3 and 10 year travel bans in relation to US visa applications for Irish undocumented who have overstayed their visa in the United States.

At my request, the Secretary General of the Department of Foreign Affairs and Trade wrote to the US Ambassador earlier this year to ask him to explore further the question of such waivers. I have also had the opportunity to directly discuss the matter with the US Ambassador. The Taoiseach also raised waivers, amongst other immigration reform issues, during his visit to Washington for St Patrick’s Day.

I can offer some information on the basis of these representations and responses.

The US Embassy has indicated that the US waiver system operates uniformly worldwide, including in Ireland, and is applied in strict accordance with US laws and regulations. Such a waiver can be applied for in the case of a 3 or 10 year ban having been imposed for overstaying a visa in the US.

However, the US Embassy has also underlined that applications are assessed individually on a case-by-case basis, with final decisions on each a matter for the US authorities in Washington, and that accordingly an applicant would not be able to predict with any degree of certainty as to whether he or she would be successful or not.

The Government has sought to advance all viable opportunities to achieve relief for our undocumented citizens in the United States. While I am disappointed that representations to the US on this matter have not resulted in a more encouraging outcome, ultimately it is a matter for the US Government and US Embassy to interpret and implement their immigration laws.

The Government as a whole, including the Department of Foreign Affairs and Trade in Dublin and our Embassy in Washington, will continue to actively follow up on all opportunities to improve the situation of the Irish undocumented with the US Administration, with Congress, and with the US Embassy in Ireland. In addition, the Government continues to provide significant financial support, €1,535,911 in 2015, to support the work of various Irish immigration centres across the US.

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