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Dáil Éireann debate -
Wednesday, 23 Mar 1988

Vol. 379 No. 4

Written Answers. - Deportation from United States.

43.

asked the Minister for Foreign Affairs whether he will take steps to assist a person (details supplied) in her battle against deportation from the United States in the light of the court order requiring her to depart by 11 April 1988.

I would refer the Deputy in the first instance to my reply of 16 February 1988 to Question No. 24 on this matter.

The person in question, who was detained briefly by the US immigration authorities in January 1988 for working in breach of her visa regulations, was fully briefed by the attorney she engaged and by the Consulate General at New York on all the options open to her in the circumstances. The person choose to remain on in the US for a formal hearing before an immigration judge. When this took place on 4 March she was given the option of "voluntary departure" by 11 April 1988.

I should explain that "voluntary departure" is a form of waiver of formal deportation, granted at the discretion of the immigration authorities and is not granted in all cases. Voluntary departure should not form a permanent bar to her return to the US should she ever apply for a proper US immigrant visa. It would seem most advisable that the person should avail of this opportunity to leave the US without having a permanent mark on the record. Failure to depart by the specified date could expose the person to arrest and detention followed by formal deportation. The latter would form a permanent barrier to her returning to the US under any circumstances.

The Consultate General is available to the person in question for consultation at all times.

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