asked the Minister for Foreign Affairs if the Government will approach President Reagan urging him to make an Executive order to legalise the status of illegal Irish immigrants in the United States.
29.
Ceisteanna — Questions. Oral Answers. - Status of Irish Immigrants in US.
12.
asked the Minister for Foreign Affairs if he will make a special appeal to President Reagan to grant an amnesty by presidential decree to the out of status Irish people in the United States before the President leaves office.
38.
asked the Minister for Foreign Affairs if he will outline the discussions which have taken place to date between himself and representatives of his Department and representatives of the United States Government concerning the regularisation of the position of Irish citizens in the United States, who have an illegal status, for the purposes of employment; and if he will make a statement on the matter.
45.
asked the Minister for Foreign Affairs if the Government will intercede with the President of the United States on behalf of undocumented Irish emigrants currently in the United States, with a view to regularising their position before he vacates office in 1989.
I propose to answer Questions Nos. 12, 29, 38 and 45 together.
Since taking up office the Government have sought to alleviate the position of out of status Irish immigrants in the United States by promoting changes in US legislation which will address their problem. I have outlined to the Dáil on several occasions the activities of the Taoiseach, myself, and our diplomatic representatives in the United States in this regard. A major result of these efforts has been the passage by the US Congress of the Immigration Amendments Act which was recently signed into law by President Reagan. As the Taoiseach has already said, thanks are due to President Reagan for expeditiously doing so. The Act will provide significant new opportunities — probably as high as 25,000 extra visas — for Irish citizens in the next three years. The Government are also committed to exploring further with our friends in Congress the question of long-term changes in US immigration legislation when Congress returns in the new year.
As regards the suggestion for an Executive order or decree to grant an amnesty or to legalise the out of status Irish I am advised that the US President does not have the statutory power to make such an order.
Would the Minister accept that, in relation to the two aspects of the recent legislation, only those who originally applied for the Donnelly visas will be considered and that the Berman visas will apply to 161 countries? Therefore the vast majority of illegal Irish in the US will not be considered for visas under either heading. Secondly, would the Minister accept that the President of the United States has authority to make what is known as an EVD order, as he did in relation to 200,000 Nicaraguans in 1987 and as he had previously done for a similar number of Poles? Would the Minister not accept that now is the time for the Irish Government to press this retiring Irish-American President to make a similar order to relieve the position of illegal Irish immigrants in the United States?
First, our thanks are due to President Reagan for signing the legislation, legislation which, as the Deputy says, does not solve the problem totally but which was very necessary as an interim measure. It was the last Act passed by the last Congress. A number of emigrants who are now out of status in the United States applied originally from their addresses in Ireland and are included in that bank of 20,000.
A few.
More than a few. Furthermore, my Department took up this idea a few months ago through our Washington embassy. We took legal advice and consulted the United States Administration, including the National Security Council, on the powers of the President in the area the Deputy referred to. We have been advised by the United States authorities that the position of aliens in the United States is governed by statute. Unless the US Congress determines otherwise the President does not have the power to grant an amnesty or to legalise illegal immigrants. I will read on further and tell the House where he does have discretionary power because there may be some confusion here. If necessary I will give all this information in a letter to the relevant Deputies. The Administration does have discretionary powers to grant relief from deportation to national groups under an arrangement called extended voluntary departure — EVD — which matter has been raised in recent months by the IIRM who I presume have informed the Deputy. Perhaps that is what the Deputy has in mind. I should say that to date that blanket relief from deportation only of people who, for political or humanitarian reasons, cannot return to their countries, it has been interpreted on that basis only. That is the advice of the US State Department and US Attorney General to our ambassador in Washington. We followed up this matter. There are other aspects that hightlight what I am saying. Basically it is in that narrow context only that the President has a particular power which really relates to deportation and does not cover the case of Irish immigrants at all. That is entirely a matter for US domestic legislation, through Congress. I might add that, on Senator Kennedy's recent visit, he assured me that he was already working and lobbying within the Senate to have this Bill reintroduced, if necessary improved, and that he and Senator Simpson would start down that road again as a matter of priority when the Congress resumed. We shall then have more time to get comprehensive legislation in place, whereas the legislation of some months ago was of an interim type. I think we did very well to get it. At least it has overcome a very real interim problem. I hope I have given the Deputies a comprehensive reply. We are really beginning to have a debate rather than questions on this matter.
Would the Minister accept, as he seems to be implying, that the Kennedy-Simpson initiative was a failure despite promises given for the future?
It did not get through the House of Representatives.
Yes, in that sense it was a failure despite the promises given in this country and the hype about it in the media. I am sure the Minister would agree that a number of people were misled by the high expectations with regard to the provisions of that Bill. Is the Minister aware that the co-ordinating committees of which he speaks have met more infrequently since the failure of that Bill? Furthermore, is he aware that that co-ordinating committee structure in America is breaking up at present because of lack of support, they feel, on the part of our Government and also as a result of lack of resources? I might add that that is first-hand information I have been given.
First, let us endeavour to be positive about this. We must remember that we are dealing with the United States authorities who, in turn, are dealing with matters within their jurisdiction. I find that we are listened to very benignly in regard to any matters we raise, indeed much more so than other States, and are given more room to manoeuvre in this and other areas. Here I might pay tribute to Congress, many leaders in Congress and to the President himself in that respect.
The first thing that struck me when I visited the United States early in September last was more or less what Deputy Deenihan has said, that there was no prospect of getting the comprehensive legislation through; that was the reality of the matter which has been proved by subsequent events. It was my impression then that all we could do was to go hard for what we got — the 25,000 visas in this interim period. I was so guided by very shrewd people on Congess, people like Congressman Donnelly — to whom this country should be in eternal debt — and others like him who advised me that that other legislation, desirable and all as it was, would have to be put in abeyance but that we would have to have something in its place in the meantime. That was the reasoning behind what has happened subsequently. I know it is not adequate but it goes a fair bit of the way to meeting an immediate problem. Let us hope that the comprehensive legislation — which can now be examined without the pressure of an early election — will be produced early in the New Year and passed before the end of next year.
Would the Minister be prepared to have one last go to ascertain whether an executive order could be made within the last month of the outgoing President's term of office? It should be remembered that the power is there for him to do so under the 1965 Immigration and Nationality Act. The procedures are there, as outlined by the Minister in his comprehensive earlier reply, for what is known as extended voluntary departure which, coupled with work permits, would take one halfway there ——
They say it does not cover it.
I have been advised from the United States that this is an avenue well worth exploring. I would beg of the Minister not to miss this opportunity with President Reagan about to leave office within the next month but rather to explore that avenue fully to ascertain whether it is possible to get him to exercise the powers he has to make an executive order which would solve a problem for so many young Irish immigrants there?
I do not mind making any case in the interests of Irish immigrants in the United States but there is such a thing as overstaying one's welcome. Only in recent weeks I have written letters of thanks to the President and to every American politician concerned for what has already happened, and there have been assurances that there will be legislation forthcoming in the New Year. Therefore, let us not push our luck too hard on that one.
I am disappointed that the Minister is missing an opportunity.
I am calling Question No. 13.