Written answers

Thursday, 2 February 2017

Department of Foreign Affairs and Trade

Immigration Policy

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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214. To ask the Minister for Foreign Affairs and Trade his views on President Trump's executive order on immigration; the steps he is taking to ensure legal representation is provided to persons impacted by this executive order within Irish airports' pre-clearance areas; his further views on a potential conflict between the implementation of this executive order and the Treaty on the Functioning of the European Union, TFEU, regarding persons with dual citizenship; the steps he is taking to ensure this order does not interfere with obligations of non-refoulement; the measures he is instituting to ensure obligations under the TFEU and the ECHR are fully complied with in pre-clearance areas; and if he will make a statement on the matter. [5172/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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While US immigration policy is a matter for the US authorities, it is clear that the Executive Order signed by President Donald J. Trump on 27 January, 2017, could have far-reaching implications, both on humanitarian grounds and on relations between the US and the global Muslim community.

As I made clear in my statement on 29 January, 2017, I fully share the concerns expressed by other EU partners regarding this development. Since then, I have had the opportunity to convey these concerns directly to the US Administration in Washington DC.

I note the clarification issued by the Embassy of the United States in Dublin on 31 January, 2017, to the effect that the Executive Order in question does not restrict the travel of dual nationals to the United States, so long as they hold the passport of an unrestricted country and possess a valid U.S. visa, if required.

Therefore, Irish citizens travelling to the United States on Irish passports should encounter no difficulties in this regard, as long as they have followed the relevant procedures governing the US Visa Waiver Programme and, if necessary, have obtained a US visa prior to travel.

I wish to further advise that I am currently undertaking a pre-planned visit to Washington, DC. I have had number of meetings with several Congressional leaders from both sides of the aisle – both Republican and Democrat – as well as representatives of the US Administration. These meetings provided an opportunity to discuss a range of issues of mutual interest and concern to Ireland and the United States.

In my meeting with the US National Security Adviser, General Flynn, I expressed Ireland’s deep concerns with regard to the nature and impact of the most recent Executive Order. In response, General Flynn outlined to me the rationale, in US immigration terms for these temporary measures, while I pointed out their damaging consequences in humanitarian terms, as well for the international reputation of the United States.

Concerning the other elements raised in the Deputy’s question, I wish to note that the operation of the pre-clearance agreement between the United States and Ireland is primarily the responsibility of the Department of Transport, Tourism and Sport.

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