Skip to main content
Normal View

Seanad Éireann debate -
Thursday, 15 Dec 1988

Vol. 121 No. 13

Adjournment Matter. - Irish Immigrants in US.

I raise this issue of funding for welfare and advice service and centres for our illegal or undocumented immigrants in the USA in the light of the disappointing outcome of recent attempts to reform US immigration law, measures which if they had passed would have eased the plight of tens of thousands of young Irish illegals in the US and indeed the immigrants from several other nations also. It is not necessary here and now to go into the details of these legislative proposals or why they have failed. While the attempts at fundamental reform failed, there was the consolation that the US Congress agreed to extend what was officially called the non-preference category (5) immigrant visa programme.

We know this programme by its more popular name, the Donnelly Visa Programme, for which we in this Oireachtas are very grateful. However, its effects on the overall problem, given the size of the problem — the momentous size of the problem — will be very small indeed. I might mention that it provides for something like 30,000 visas, non-category visas, as they call them. They will be distributed among the applicants from 36 countries. I understand that in the archives of the American State Department there are about one million or more applications. We had a lot of talk by Ministers — indeed, it was quite misleading — at the time this legislative proposal was announced, that the Irish Republic had 20,000 or maybe more of these visas. That is absolute nonsense. As the American State Department itself will confirm to you or as the American Embassy will confirm to you, we will be very lucky if in the years 1989 and 1990 we get about 40 per cent of them.

There is a further urgent need to raise this problem because it is brought into even sharper focus by the increased implementation of the employers' sanction provision of the US Immigration Reform Bill of 1986. We have received news of at least 20 young Irish people being detained, put in prison and charged with immigration offences by the immigration and naturalisation services in that country. There are many more such arrests and imprisonment cases of the young Irish which we hear or know nothing about. So it is against this background — and, may I say, an increasingly hostile background — I emphasise that the Irish Government must offer a meaningful outreach or help to the small group of people who take the trouble of providing welfare and advice centres to our people who live abroad.

The status of our immigrants of course is one of being in a legal no-man's land. They feel — and indeed have a right to feel — that they have no legal status. They are afraid to seek their rights in terms of protection at work, in terms of employment or in terms of matters governing their health and welfare. Figures vary but at a conservative estimate there are 150,000 to 170,000 young Irish who live this shadowed and almost fugitive existence in the United States. This Government have an absolute duty, in view of the failure of the legislative reform programme in the United States and also in view of the extended application of the employers' sanction programme, to come to their aid.

My proposal is simple and I am also convinced that it is cheap. The proposal is that the Government in 1989 must set aside a minimum of £1 million to fund at least part of the advice and welfare activities of the organisations who look after and speak for Irish immigrants in the US. I say organisations, but there is only one lay organisation filling this pivotal void, that is, the Irish Immigration Reform Movement which is an organisation born out of the young Irish immigrant community in America. The organisation is active in every US city where there is a significant number of Irish illegals. The Catholic Church is the other major organisation working among and helping the young illegals. Much of the good work is done in co-operation with the IIRM and the Church. The Church has its own limited resources for this work but it is very unfair to ask and expect the Church to continue this work unaided. However, if it is unfair to expect the Church to continue their work unaided, it is absolutely unfair to expect the IIRM to continue its work without aid from the Government here. It is a totally voluntary organisation and its financial resources depend solely on the generosity of its members' subscriptions. I hope that the Minister will not say to us this evening that there is no money to help the IIRM and, indeed, the Churches in their immigrant advice services and activities.

Countless millions of pounds in social welfare payments have been saved as a result of thousands of young people leaving Ireland where our so-called growing economy has failed them. The Government can well imagine where their popularity in opinion polls would be if there were another 100,000 people on the live register and where the programme of control of the public finances would be if those young people could not escape to the United States. If that were not enough, the precedent is there for the Government to act. For years we have provided an official outreach to our immigrants in the United Kingdom. Through the aegis of DION we contribute £250,000 to immigrant welfare and advice groups in Britain. The various Irish societies and immigrant welfare groups in the UK are represented on a working body which controls the spending of this money in Britain. There is an absolute need to continue this work in Britain, but absolute need does not quite describe the necessity to extend this kind of help to our immigrants in the United States.

In the United Kingdom, an Irish citizen has the same protection under the law as any United Kingdom subject. There is no question of their right to live and work in Britain from the point of view of citizenship. That is not so in the United States arising from the present status of the law there. Thousands of our young people, particularly young girls, eke out a type of underground existence with all the fears of a fugitive, often accepting menial work, low pay and awful working conditions because they fear the next tap on the shoulder or the next knock on the door will be an official from the Immigration and Nationalisation Service. Recent events have heightened those fears.

They remain haunted with the fear of injury at work, falling ill, involvement in a road or other kind of accident which would mean going to hospital. Under American health care law, young Irish people need have little fear of the consequences of falling ill and having to go to hospital but very few of them know that as I proved by talking to hundreds of them last September on a visit to various centres in the United States. The Minister will no doubt say that we have consul officials working and liaising with the Irish groups in all the US major cities. They are helping, advising and troubleshooting for young Irish immigrants. No doubt the intentions of our embassy and our dispersed consular officials in the US are good but the vast majority of the immigrant community know nothing about them. Part of the reason for that is that they do not have the resources to reach across to the young Irish.

During the past year, the Irish Immigration Reform Movement and representatives of the Churches met various members of this Government. Last January they met the Minister of State at the Department of Education, Deputy Frank Fahey, who has responsibility for youth and sport. That was quite a famous visit. In September they met the Minister for Foreign Affairs, Deputy Brian Lenihan. Last April they met the Taoiseach. At all these meetings a clear indication was given, and this indication was particularly well given at the meeting with the Taoiseach, that funds would be forthcoming. Sadly almost all of 1988 has gone and there is no news of this promise being honoured.

The Minister may say they are waiting for them to come forward with proposals and then they will consider giving them money. That is not the point. The Government have a duty to come to the aid of these people. We cannot ask what is a relatively weak organisation to come up with an expensively arrived at programme and present it to the Government for funding. That is running away from responsibility. The Government must reach out. The responsibility is here. I hope the Minister will indicate that the funding will be available in 1989. I ask the Chair's indulgence for my colleague, Senator Bradford, who wishes to contribute on this subject.

I thank Senator Connor for giving me some of his valuable time. I spoke on all the motions that came before the House on the emigration topic over the past 18 months. I support the general principle of what Senator Connor said. He has outlined very clearly the continuing difficulties which our immigrants face in the United States. The fear and confusion continue for the vast majority of them. We have to accept that a certain number of them will benefit from the recent legislation passed by the US Congress but, unfortunately for the vast majority of people concerned, the situation remains as it was. They are at present illegal. They are undocumented and they live in fear of a knock on the door and being sent home. This is most unacceptable.

The Government must give the maximum support possible to those organisations working for and with our immigrants in the United States. The work of the Irish Immigration Reform Movement has not been recognised as much as it should. For far too long they have ploughed a lone furrow on behalf of immigrants. Now they need our support. The city of New York has not just recognised their existence but their work by awarding them a substantial grant. If the city of New York can do that, we should also be able to do it. The expenditure would be minimal and would produce results for the Irish in America.

We must call on the Government to use whatever resources are available to them to put pressure on the outgoing United States administration for a general amnesty for all the Irish illegals at present. There is no need for me to go into the history of the Irish in America or their work in the building of that great state. Now is the time to get good will from President Reagan and his administration. I again repeat the need for a general amnesty.

I thank those in the US Congress who have been so supportive of Irish immigrants and who have been instrumental in bringing forward legislation. I hope they press for further legislation. These people, such as Donnelly and Rodino are the real friends of Ireland in America. We often see Irish-American politicians marching on St. Patrick's Day but we should judge Irish-American politicians not on their pronouncements on Northern Ireland etc., but on their action for the illegal Irish immigrants in America. I appeal to the Government to do whatever is possible to assist the organisations working for illegal Irish immigrants in America and also to put on the maximum pressure for further legislative change.

In relation to the point made by Senator Bradford in the subject of seeking a general amnesty for immigrants in the United States, last November the Taoiseach and all members of the Government were asked to make a plea to President Reagan before he leaves office to grant an amnesty to the young illegal Irish there. He was asked to use an executive order which was vested in him by the 1956 immigration Act which gives power to an American chief executive to legalise immigrants. The power of executive order governs many other things beside immigration but immigration certainly is within its remit. What is the position in relation to that request? I am delighted to say that the Leader of my party, Deputy Dukes, wrote to the President of the United States, Ronald Reagan, requesting that he make such an executive order. The House would be delighted if the Minister would tell us the view of the Government in relation to that request.

I take issue with Senator Connor and Senator Bradford on the basic premise of the matter raised on the Adjournment. It is very unfair to say that what has happened has been disappointing. It is a reflection of the efforts of Senators and Congressmen who did a tremendous amount of work as both Senators have acknowledged. We should state our views in a very positive manner. As regards the advice centre referred to by Senator Connor, if all the out of status Irish people were to congregate in one centre does he not think they would be easy targets for a raid?

The outcome of recent attempts to change US immigration law has been far from disappointing as far as Ireland is concerned. It represents a singular success for the Government and for their efforts. Since taking up office, we have given a very high priority to help to improve the situation of newly arrived immigrants in the US and not being political, the previous Government did nothing about it.

Rubbish.

We have focused on two principal areas of action.

In the first place, we have actively supported proposals to amend US legislation to improve the situation for those who are in the US at present and also for those who might decide to emigrate legally to the US in the future. Since taking up office there have been two visits by the Taoiseach and several by the Tánaiste culminating in the latter's visit to Washington in September when he met Irish American Congressional leaders at a crucial point in the Congressional debate. Last month a Bill — the Immigration Amendment Bill, 1988 — was signed into law by President Reagan. This will considerably increase the possibilities for our citizens to emigrate legally to the US. It provides for 30,000 additional visas which will be allocated between October 1988 and September 1990 to those who applied under the original scheme in January last year. Under a new scheme 10,000 extra visas will be made available in each of the years 1990 and 1991 to applicants from countries, including Ireland, which receive a small share of immigrant visas under current legislation.

We are optimistic that these measures will provide new opportunities, perhaps as high as 25,000 extra visas, for Irish citizens in the coming two to three years. We base that optimism on the fact that over 4,100 Irish citizens benefited from the first 10,000 Donnelly visas which were made available in the two years ending 30 September 1988 and that a very high percentage of those on the reserve list of 15,000 compiled under the initial allocation are Irish. All of these are now eligible for a visa.

I emphasise that the out of status immigrants were eligible to apply for the visas under the original Donnelly scheme. Many did so and were successful. We expect that the new legislation will operate in the same manner and that applications from out of status immigrants in the US already lodged will be considered under the extended scheme.

When the new Congress reconvenes in the New Year we will continue to explore further with our friends in Congress the question of long-term structural change to the immigration legislation. This issue was discussed with Senator Kennedy during his recent visit here. I take this opportunity to pay tribute to the efforts of Senators Ted Kennedy and Alan Simpson, Congressman Brian Donnelly and to our other friends in the US Congress for their important role in the success of this legislation, legislation which did not fail but because of the election year could not be put before Congress.

As I said at the outset, the Government focused on two areas of action. The second is the steps they have taken to alleviate the immediate problems of out of status Irish citizens in the US by action in the welfare and advisory areas. We have set up immigration working committees under the auspices of our Consulates General in New York, Boston and San Francisco, consisting of representatives of the main groups, including the Irish Immigration Reform Movement, dealing with new Irish arrivals and of the city and church authorities, to coordinate activities in the immigration area. We have appointed an immigration liaison officer to the Consulate in New York. We have extended the advisory services provided by our other Consulates which have published information booklets which are greatly in demand by young immigrants. We have had discussions with city and church authorities in New York, Boston and San Francisco who have introduced and developed programmes for out of status immigrants in those cities and, finally, we have liaised with the Irish-American media which have played a major role in keeping the newly arrived Irish immigrants up to date and informed of developments.

Turning to the second part of the matter raised by the Senator, the question of providing funds for work in this area has been considered by the Government. The Government are devoting considerable sums to the realisation of our diplomatic and consular objectives in the US. The cost of our offices there amounted to over £2 million this year alone. A considerable proportion of this is devoted to consular activities including the welfare of our emigrants. The Government believe that the network of services provided by these offices goes a considerable way towards alleviating many of the day-to-day welfare problems encountered by our emigrants in that country.

The Tánaiste met representatives of the one organisation, the Irish Immigration Reform Movement, which raised the issue of Irish Government funds being provided for welfare and advisory services, on each occasion he visited the US. In August 1987 in reply to a presentation they made to him on the subject, he indicated to them that many of the welfare services they wished to fund were already being provided by the church authorities in New York and other areas and that many county associations and the Ancient Order of Hibernians had been active and helpful to Irish immigrants throughout the years. The Tánaiste, however, believed that the IIRM's initial ideas were worth looking at and he invited them to spell out their proposals in more detail. So far, however, no such detailed costed proposals have been received by him.

Contrary to what Senator Connor said, no Government or organisation will shell out money without having reasonably costed details of what would be involved.

As regards the general amnesty, we have already made inquiries about the points made both by Senator Bradford and Senator Connor. We took legal advice and consulted the United States administration, including the National Security Council, on the powers of the President. We have been advised by the United States authorities that the position of aliens in the United States is governed by statute. Unless Congress determines otherwise, the President does not have the power to grant an amnesty to or legalise illegal immigrants. However, and this may be the point Senators are referring to, the administration does have discretionary powers to grant relief from deportation to national groups under an arrangement called Extended Voluntary Departure, EVD, which has been raised in recent months by the IIRM. I wonder if Senators are referring to that?

This is a blanket relief from deportation only for people who, for political or humanitarian reasons, cannot return to their own countries and it has been interpreted on that basis only. In the two cases which were mentioned — I am not certain if they were mentioned here but they were mentioned in the Dáil recently — these are the only reasons that the extended voluntary departures were given by the President. I reiterate that is the advice we have been given by the United States Department and the US Attorney General and it is also the advice given to our ambassador in Washington.

To sum up, the results of the Government's initial efforts to promote change in US immigration legislation have been very succesful. The Governments now intend to continue to encourage more long term reform of US immigration law when Congress reconvenes. As far as the provision of funds for groups working in the welfare area among the Irish out of status emigrants is concerned, the Government believe that the services being paid for out of Exchequer funds are already contributing towards the alleviation of the plight of the Irish directly and indirectly by harnessing the efforts of other bodies also actively involved in this area.

I reiterate again, for the benefit of Senator Connor, that the Government are prepared to consider any detailed costed proposal which come before and is supported by the Emigration Working Committee which has been set up. However, they must relate this to the sevices currently being provided and their overall financial position before making any decision as regards the provision of State funds for such a project.

The Seanad adjourned at 4.30 p.m. until 12 noon on Friday, 16 December 1988.

Top
Share