Ruth Coppinger (Dublin West, Anti-Austerity Alliance)
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92. To ask the Minister for Justice and Equality the number of persons who have been denied preclearance to the United States in Dublin and Shannon Airports on grounds of their nationality since the President of the United States issued an executive order restricting travel of nationals of a number of Middle Eastern and African states. [6238/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Persons who avail of the US preclearance facilities in the State do so voluntarily as provided for in the Aviation (Preclearance) Act 2009 and decisions taken by the US authorities at US preclearance facilities in the State on clearance to board US bound aircraft are taken solely by the US authorities.

The role of Garda immigration officers is set out in the Act. Specifically, Section 12 of the Act provides that a person who is refused preclearance to travel onwards to the United States, shall be deemed for the purpose of the Aliens Act 1935 and the Immigration Act 2004, to have arrived at the frontier of the State. In many cases, the persons are Irish citizens or EU nationals subject to Free Movement and once this is established they are not subject to any further immigration requirements. In circumstances where a person is refused leave to board a US bound flight, he or she is brought to the Garda immigration authorities and the case is considered by Garda immigration officers in the same manner as if they had presented at the frontier of the State seeking permission to enter the State. For those subject to immigration controls under the Immigration Act 2004, as is normal in these cases, each case is examined on its individual merits to determine if the person is to be given permission to enter the State. Specific details on numbers refused by the US immigration authorities are not available, and from an Irish immigration perspective are dealt with as part of the overall immigration process at the relevant airports.

These decisions are taken in accordance with Irish law and take fully into account our international obligations. For example, should a person claim international protection, their case will be fully considered under the International Protection Act 2015. US officials have no role in the matter. An Garda Síochána is also responsible for providing policing and maintaining law and order in preclearance areas, again in accordance with the provisions of the Act of 2009.