I move:
That Dáil Éireann conscious of the plight of the Irish out of status emigrants in the United States, asks that the Government uses all its resources to:—
(i) get support in the United States Houses of Congress for the legislative initiatives to change their status;
(ii) establish as a matter of urgency support and advice centres in New York, Boston, Chicago, Philadelphia and San Francisco; and
(iii) supply support for Irish emigrants in the United States similar to that supplied by the Department of Labour to Irish emigrants in the United Kingdom.
I should like to share my 40 minutes with Deputies Griffin, Higgins and McGinley. I am glad to welcome Mr. Michael Ahern who is a co-founder of the Irish Emigration Reform Movement and who is here in the gallery this evening. I am delighted to move this important motion in the House this evening.
At this time it is estimated that between 150,000 and 200,000 out of status Irish emigrants are in the US. They are also categorised under the terms of illegal, unauthorised or undocumented aliens. The fact that they are illegal exposes them to all types of exploitation both in the workplace and as regards accommodation and also deprives them of health and educational benefits. It also prevents them from applying for jobs for which they are suitably qualified. Construction work and bar work are the main areas of work for men. Housekeeping, waitressing and au pair work are the main attractions for women.
The young out of status Irish live in constant fear of being caught by immigration officials. As the full enforcement date for the 1986 Immigration Reform and Control Act, which is 1 June 1988, approaches anxiety and worry among the young Irish will intensify. I experienced this at first hand on a fact-finding mission to the US this summer. The young Irish feel disillusioned and isolated and are concerned that their legal status may not be rectified in the immediate future. There is a strong affinity between IrishAmerican politicians and Ireland. If we can show an interest at home I am convinced they will respond in kind.
Paragraph (i) of the motion refers to various legislative initiatives that are being promoted at present in the US Houses of Congress to help the cause of the out of status Irish emigrants. There are three such initiatives, namely, the Immigration Act, 1987, promoted by Senator Edward Kennedy and Congressman Brian Donnelly, the Irish Permanent Resident Adjustment Act, 1987, promoted by Congressman Joseph Kennedy and a proposed amendment to the Immigration and Control Act, 1986, at present being promoted by Cardinal O'Connor of New York and expected to be introduced to Congress by Senator Al Damato of New York.
Before I discuss the various initiatives I should like to give an overview of the historical perspective as a background to the current situation. From 1820-1900 over 2,870,000 Irish legally entered the US and from 1901-50 the figure was 726,012. From 1951-60 some 48,362 entered the US legally and from 1961-70 the figure had declined to 32,966. From 1971-80 the figure dropped further to 11,490, from 1981-85 it was 4,004 and for the year 1985 it had declined to 515. This figure represents roughly one-fifth of 1 per cent of the total emigration to the US from 1985. I would like to ask the question, why did legal emigration from Ireland decline to such an extent from 1960-85? No doubt the better economic climate up to 1980 helped. Indeed the Financial Times in 1980 reported that emigration from Ireland had stopped. However, the 1985 Immigration Act has had a major impact on the number of legal immigrants allowed to enter the US from Ireland, especially in recent years, as statistics indicate.
The Act discriminated against the Irish and other traditional sources of emigration such as Italy, England and Canada. The Bill closed the door to those who no longer had immediate family ties in the US. Prior to 1985 immigrant visas were granted on the system known as national origins and the quota for each country was established proportionate to the ethnic composition of the US population based on the census taken in 1920. These guidelines established in 1924 were reinforced by the McCarron-Walker Act, 1952.
As the earliest emigrants came from Ireland, Germany, Italy and England the law favoured future emigration from these countries. It discriminated against countries who had a narrow ethnic population base among the early settlers. The 1965 Act was an attempt to end this imbalance and discrimination. However, one of the unintended effects of the 1965 Act was that it discriminated against traditional sources of emigration such as Ireland.
The Special Commission on Immigration Policy in its 1980 report to Congress stated and I quote:
The result completely unforeseen and unintended has been considerable hardship for intending immigrants from the Northern Hemisphere.
The 1965 Bill gave priority to family reunification. It created six special preferences: the first preference is for unmarried sons or daughters of citizens of the US; the second is for spouses and unmarried sons or daughters of permanent resident aliens; the third preference is for members of the professions or who, because of exceptional ability in the sciences or arts, will substantially benefit the US and whose services are sought by an employer in the US; the fourth preference is for married sons or daughters of citizens of the US; the fifth preference is for brothers and sisters of citizens of the US, provided such citizens are at least 21 years of age; the sixth preference is for skilled or unskilled labour for which a shortage exists in the US. However, in this preference a list of prohibited jobs, mainly in the unskilled category, was established. These included bar tending, domestics, contract workers, the jobs that many Irish people had sought in the past.
The Bill did not take into account the peculiarities of the Irish immigrant. Typically, the Irish immigrant has been a single person, who leaves home on his own initiative, in most cases without relatives in the US to sponsor him. The change in legislation in 1965 made it possible for thousands of refugees to sponsor other members of their family. This benefited countries like Korea, Vietnam, the Philippines and China.
The adverse change brought about by the 1965 law did not manifest itself clearly until the early eighties when the Irish economy took a downturn and also we were experiencing a dramatic rise in the population in the 18-25 age group. When the economy could not provide jobs there was no option left but to emigrate for many of our young Irish. From 1981-86 about 4,500 Irish entered the US legally, the remainder, 150,000 or so, entered on three week holiday visas and remained on in the US illegally.
The problem of illegal immigration became a major issue in the late seventies and early eighties in the US. The American public became increasingly concerned about the number of unauthorised aliens in their country. By 1982 this number was conservatively estimated at 3,500,000. A select commission on immigration and refugee policy was established in 1981 to deal with the problem. This laid the basis for the 1986 Immigration Reform and Control Act. This Act dealt with the issue of illegal immigration. It did not address the many recommendations regarding legal immigration that the commission had proposed.
The 1986 Act is regarded as the most comprehensive reform of US immigration laws since 1952. It effectively closes the back door to illegal entry by requiring employers to hire only citizens and aliens who are authorised to work in the US. The employer will need to verify employment eligibility of anyone hired after November 1986 and complete and retain the one page form 1.9. The form will have to be presented for inspection to an immigration and naturalization and service official or a Department of Labour official upon request. If an employer has violated the new immigration laws, with respect to employees hired after 6 November 1986, he can be fined any figure between $250 to $10,000 for each unauthorised employee. Employees who make false statements or use fradulent identification or documents which were lawfully issued to another in order to gain employment may be imprisoned for up to five years or fined, or both. The effective date for full enforcement of the 1986 Act will be June 1988. The magnet of employment that attracts people has now been effectively removed by this Act.
A small provision is contained in section 314 of the Act allowing for an additional 10,000 non-preference visas for the years 1987 and 1988 in respect of the 36 so-called adversely affected countries. The inclusion of section 314 was prompted following an amendment by Congressman Brian Donnelly, to allow for more flexibility in American immigration policy. The non-preference — 5 programme produced over one million written requests for one of the 10,000 non-preference visas. According to Congressman Donnelly, the response to the programme created a bureaucratic nightmare but silenced those who believed that there is not a great need to reform the current preference category system which, in 1965, was intended to correct discrimination against many nations.
The 1986 Act also made provision for an amnesty for persons who entered the United States illegally prior to January 1982. The INS estimated that 3.5 million illegal aliens were eligible for legal status under the provisions of the Act. The period during which application can be made will expire on 4 May 1988. It seems likely now that 1.5 million illegal aliens will apply for the amnesty, two million short of the expected number. Because the majority of the out-of-status Irish arrived in America since 1982 they will not benefit from the amnesty. However, Cardinal O'Connor of New York now proposes that the 1986 Act should be amended to extend the amnesty to include two million illegals who have arrived since 1982, one million from European countries and another million from the remainder of the globe. This would solve the Irish problem. It is hoped that Senator Al Damato of New York will promote the amendment to the 1986 Act. As Cardinal O'Connor's proposal holds the only realistic hope for the out-of-status Irish every effort should be made to ensure that this proposal will be adopted. Not only must American politicians be lobbied but also Members of the European Parliament and Heads of European Governments who are themselves directly involved.
The Immigration Bill of 1987 sponsored by Senators Kennedy and Donnelly represents an attempt to correct imbalances created by the implementation of the provisions of the 1965 Act. The Bill proposes to separate existing family reunification preferences from the employment and skill-related preferences by creating a new, expanded independent category. It provides for the creation of 50,000 additional visas for older sources of immigration, especially for those from Ireland, Italy and other European countries. The additional 50,000 visas are intended for applicants who qualify on the basis of a new points system and who, once eligible, probably would be selected by random computer selection. Within this category the focus will be on those who are highly skilled and educated. The points system gives advantage to applicants from the 36 countries adversely affected by the Immigration Act of 1965.
The Kennedy-Donnelly Bill enjoys bipartisan support in the Houses of Congress and has an outstanding chance of success. Therefore, every effort should be made to support its provisions, which would ensure that future intending immigrants would have a good prospect of being accommodated.
The Irish Permanent Resident Adjustment Bill of 1987 introduced in Congress on 16 September 1987 by Congressman Joseph Kennedy applies only to nationals of the Republic of Ireland or to those born in Northern Ireland who arrived in the United States before 1 September 1987, allegedly because of the crisis obtaining in Northern Ireland. Its provisions propose amnesty for the latter groups only. Because of its limitations the Bill is unlikely to succeed.
It is my belief that Cardinal O'Connor's proposal offers the only solution for our illegal immigrants in America and that the Kennedy-Donnelly Bill offers hope for the future.