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A Christmas Letter To Micheal McDowell

category national | racism & migration related issues | feature author Friday December 17, 2004 17:24author by Immigrant Rights - Rights for ALL Report this post to the editors

17,000 non-EU parents of Irish citizen children need some detailed answers

Merry Christmas Minister McDowell...



Photo Series from Residents Against Racism's December 16th 2004 Protest at Dáil Éireann:
March to Dáil Éireann
Demo at Dáil Éireann
Merry Christmas Michael McDowell

Also:
Asylum Women Speak Out at Galway City Council Meeting

During the protest organised by Residents Against Racism on Dec 16th questions were gathered from activists, politicians, and asylum seekers about Justice Minister McDowell's reported 'reprieve' for Irish Citizen Children. These questions were later written as a letter to Minister McDowell by Immigrant Rights Activists....

Background Links:
Minister Michael McDowell's revised arrangements for processing claims for permission to remain from parents of Irish born children.

Irish Times: Immigrants with Irish children may get reprieve

A Letter to Michael McDowell,

Tomso is an Irish citizen child. His non-Irish mother was forced to leave him behind when she was forcibly expelled from this country.

  • Will Tomso's mother be allowed to return under these new procedures?
  • Will other parents in similar situations be allowed return?
  • What about Irish children who were forced into exile when their parents were expelled in the cloak and dagger midnight deportations that McDowell finds so appealling. Will they be allowed to return?

Under the proposed procedures parents must be of 'good character'.

  • Who determines whether or not these parents are of 'good character'?
  • Is it McDowell himself who decides?
  • The ill informed GNIB interviewer?
  • Or will it be the communities where the Parents live?

This issue is about the rights of the child. All Irish children are born equal, and as such all should be entitled to live in the safety of their own country with the protection of their Parents. This right should not be taken away on the basis of other people's judgements on the personality of their Parents.

Minister McDowell you have refused to allow these parents to work while their applications are processed, and yet you say they must be economically self-sufficient within 5 years. With the growing inequality in Irish society how do you think Parents will be successful?

The cost of housing in Ireland has skyrocketed many young Irish parents cannot become economically self-sufficient. How do you propose that these particular parents become self-sufficient while refusing them permission to work?

Minister McDowell you announced these new procedures saying you were answering a great 'moral force', and yet hours later you launched another cloak and dagger midnight deportation.

  • During the most recent mass-deportation, were there any Irish citizen children on board that flight?
  • Were there any Parents of Irish children on that flight?
  • Will you stop deporting Parents of Irish children while the new procedures are being set in place?
  • Or will you try and expel as many as possible before they can apply?

Many of these families have fled persecution and great repression from their countries. Many were forced to flee at no notice and without their identification.

  • How do you expect these people to prove their identification?
  • Do you expect these people to ask the governments from whom they have fled persecution, to now help them?

Minister McDowell, what do you mean by 'criminal record?'

  • If these people have fled political persecution will you exclude them from this definition those jailed for politically opposing their government's repression?
  • Will you include petty offences such as parking tickets in your definition?
  • What about violation of planning permission? Will this be excluded?

Some families have been waiting up to 8 years for this decision.

  • Why has it taken you so long? What finally changed your mind? Will this finally be the answer to the questions they have asked of you for so long, or will it be another false dawn? Another empty promise? Another child's broken dreams?
  • Surely all the families information will currently be held by the GNIB, so why would it take so long to process?
  • Or is this an admission that the GNIB files are incomplete? That the GNIB have deported people without fully knowing the complete facts about their case?

While your recent announcement is to be welcomed, people should not think that this issue is now resolved. This is only the first step in the right direction. Many more steps must follow.

Merry Christmas Minister McDowell.

However if you do not answer these questions satisfactorily and deal with this issue transparently and fairly, it will certainly not be a happy new year for you.

author by pcpublication date Fri Dec 17, 2004 20:35author address author phone Report this post to the editors

doens't bertie look so dashing ? Deasy TD seems to be going on about that alot re illegals in America and older emmigrants in England has he had anything to say about "non-irish immgrants" etc? I did look before can't remember if i found anything probably not...

author by redjadepublication date Sun Dec 19, 2004 14:56author address author phone Report this post to the editors

New law on non-nationals may stop their Irish-born
offspring falling through the cracks, says Willie Dillon

TOMSO Adubu is an Irish child who inhabits a twilight world slightly beyond the radar of officialdom. Nobody claims a children's allowance to help feed and clothe him. His name is not on any school waiting list. Indeed, it is entirely unclear what will happen when he reaches school age. His mother's biggest fear is that he might be taken into care.

Angel Adubu is Nigerian. She was deported from Ireland last August in controversial circumstances, without her son who is now being looked after by two other Nigerian women. Both are single mothers and asylum seekers, which means they could potentially be deported themselves in the future.

[....]

Sarah Benson of the Childrens Rights Alliance says: "We know that Irish children are being effectively deported." She argues that it is wrong to describe these children of immigrants as "Irish-born". They are Irish, she says. Pure and simple. "They are Irish children who have the same constitutional rights as you or I.

http://www.unison.ie/irish_independent/stories.php3?ca=3D36&si=3D1308065&is=sue_id=3D11844
registration required

archived here:
http://tinyurl.com/7xamn

author by swp haterpublication date Mon Dec 20, 2004 12:51author address author phone Report this post to the editors

Anyone hear how the swp march went at the dail or how many turned up?.

author by RTÉ TVpublication date Mon Dec 20, 2004 17:10author address author phone Report this post to the editors

50,000 Irish believed illegals in USA

RTÉ reports from Boston that many will not be home for Christmas because of the fear they may not get back
--
Archived audio at:
http://radio.indymedia.org/uploads/irishillegals.mp3 (1.2megs)

RealPlayer Video from RTÉ
http://www.rte.ie/news/2004/1220/1news/1news56_10.smil

-----

IOL.ie:
Blair, Ahern urged to lobby Bush on emigrants
28/11/2004
http://212.2.162.45/news/story.asp?j=125664470&p=yz5665y76&n=125665230

Tony Blair and Bertie Ahern should lobby US President George W Bush to relax laws which prevent Irish emigrants from returning home each Christmas, they were urged today.

SDLP Assembly member Eugene McMenamin called on the British and Irish leaders to use their influence with the White House to help illegal emigrants in the US from both sides of the border who are not able to return to their families each Christmas.

The West Tyrone MLA argued: “Many people across this island would love to welcome their loved ones home this Christmas from the United States, but unfortunately for many who are forced to live as illegal emigrants that will not happen.

“Many Irish people have travelled and set up home in the United States. The tight legislation to obtain a long-term visa, however, has resulted in many Irish people living in America illegally.

-----

Irish emigrants increasingly returning home
The New York Times
http://www.dfw.com/mld/dfw/news/nation/10400016.htm?1c

They arrived as the New Irish in the 1980s and '90s, thousands drawn to a New York that glittered in family lore as a place where hard work could bring prosperity.

[....]

Some immigrants are longtime illegal residents losing hope for legal status; they say they are being driven out by new security crackdowns that make it harder for those without valid Social Security numbers to drive, work or plan a future in the United States. Others who are naturalized citizens say the price in toil for health care and education is too high; they hope for a less exhausting life in a prosperous Ireland.

"It's the complete reversal of the American dream," said Adrian Flannelly, chairman of the Irish Radio Network in New York, who has served on an Irish government task force on returnees. The exodus from the city, he said, signals a historic shift in a relationship that is part of the city's backbone, inscribed in the subways and bridges built by Irish immigrant labor in past centuries.

author by Guipublication date Mon Dec 20, 2004 19:51author address author phone Report this post to the editors

"They arrived as the New Irish in the 1980s and '90s, thousands drawn to a New York that glittered in family lore as a place where hard work could bring prosperity."


Sound like perfect neo-cons.

author by Sinn Féinpublication date Wed Dec 22, 2004 16:42author address author phone Report this post to the editors

22 December, 2004
http://www.sinnfein.ie/news/detail/7945

Sinn Féin TD, Seán Crowe has today said that the detention of non-nationals awaiting deportation was "effectively internment without trial" and "completely unjustified".

Speaking in Dublin this morning Deputy Crowe said: "The Irish Prison Service's latest annual report, published today makes for alarming reading. It shows that one-quarter of all people jailed in Ireland in 2003 were non-nationals. The vast majority of these were detained under immigration laws and were awaiting deportation. This is completely unjustified and is effectively internment without trial.

"Most immigrants come to Ireland in search of a better life for themselves and their families. The reaction of the Government and some elements of the media have been to portray them as spongers, criminals and welfare cheats. They are not criminals and have never been convicted of any criminal offence. Therefore they should not be held in criminal institutions.

author by Barrypublication date Wed Dec 22, 2004 18:02author address author phone Report this post to the editors

Of course there is also Reichs Minister McDowells handy wee piece of legislation concerning membership of an "illegal" organisation. There have been dozens of men imprisoned in the high security Portlaoise jail simply on a Gardas opinion. It only takes a senior Gardas opinion as to whether or not your a member of a so called subversive organisation to have you banged up for 7 years. No corroboration is necessary.

This is in fact internment and exposes the free states so called justice for the joke it is.

This only applies of course (and this is perfectly ok) if you dont support the Stormont Agreement. One victim of this virtual internment policy was a man in his 60s accused of possesing "grenade parts". The offending weaponry turned out in fact to be an old chair leg which was lying in his back garden. The gards stated that this piece of wood could conceivably be made into a handle for a deadly device. Naturally the SCC accepted this.

Another victim was little more than a kid in his teens who was convicted on membership due to "photographic evidence".
The evidence was in fact a family photo of the kid larking at a Halloween bonfire wearing a wooly hat and pointing a water pistol. Obvious paramilitary.

Then theres also the sick joke of a political show trial which was Colm Murphys experience in court. Colms solicitors are appealing on almost 40 grounds, the original trial being an absolute whitewash. McDowell as minister is responsible for that farce as well.

But a Gardas opinion is never wrong according to the minister. Perhaps we could hear the Gards opinion, as well as Mr McDowells on who bombed Dublin/Monaghan, if they are that unerringly certain on everything else ?

author by tONY?publication date Wed Dec 22, 2004 19:20author address author phone Report this post to the editors

Quote: They are not criminals and have never been convicted of any criminal offence. Therefore they should not be held in criminal institutions.

Abject and utter rubbish. Ireland does not deport those who are legally entitled to be here.

If they are not LEGALLY here - then they it follows that they must be ILLEGALLY here.

It is for THEM to prove otherwise and not the courts.

author by redjadepublication date Thu Dec 23, 2004 10:41author address author phone Report this post to the editors

Bernard Allen TD, Fine Gael Spokesperson on Foreign Affairs has called for the US Ambassador be invited to appear before the Oireachtas Joint Committee on Foreign Affairs as early as possible in 2005, to discuss the detention and deportation of Irish citizens from the United States.

“The United States administration has the right to set its own immigration policies, and we must respect that right. However, I am concerned at the manner in which some Irish citizens have been detained and deported from the United States in recent months, and believe that this matter should be discussed with the US Ambassador at the earliest possible opportunity.

“In some cases, Irish citizens are being detained in prison for a considerable period of time before being deported from the US. Holding Irish citizens alongside those who have committed serious crimes appears excessive. Furthermore, detaining people in these prisons for two or three months before being sent home is causing considerable hardship and worry, both for those involved and for their families in Ireland.

[....]

“I would also like to raise with the Ambassador the case of the many Irish people who are illegally resident in the United States. Their plight is especially poignant at this time of year as, although many of them have been resident in the US for many years, they are in a legal limbo. They find themselves unable to travel home, even for family funerals, and are also increasingly subject to blackmail due to their illegal status.”

Related Link: http://www.finegael.ie/fine-gael-news.cfm/NewsID/25157/action/detail/year/2004/month/12/level/page/aid/186/
author by redjadepublication date Thu Dec 23, 2004 11:12author address author phone Report this post to the editors

Map of 1980 US Census Numbers of Irish
( born in Northern Ireland and the Republic of Ireland)
Living in the United States...
http://foreignaffairs.gov.ie/policy/usab1.pdf

from:
http://foreignaffairs.gov.ie/policy/emigrant_taskforce.asp

author by pcpublication date Thu Dec 23, 2004 17:12author address author phone Report this post to the editors

from the emigrants task force report linked above the concept of "involuntary emigration" is a interesting one that I've never heard expresed like that before...

author by Sinn Féinpublication date Thu Jan 06, 2005 18:30author address author phone Report this post to the editors

Sinn Fein Councillor for North Belfast, David Kennedy, will at tonight's full meeting of Belfast City Council, raise a motion asking Belfast City Council to condemn the practice of the detention of asylum seekers in Prison facilities. Currently asylum seekers are held at Maghaberry, Crumlin Road and Hydebank prisons.

http://www.sinnfein.ie/news/detail/7952

author by via unison.iepublication date Sat Jan 15, 2005 16:26author address author phone Report this post to the editors

The Minister for Justice has moved to regularise the residency status of some 17,000 non-national parents of Irish-born children who gave birth prior to January 2005.

It follows a recent Supreme Court ruling that effectively stated that immigrants of Irish born children did not have an automatic right to stay here.

Under the proposals non-national parents of Irish-born children of good character and who provide accurate details of their status can expect speedy approval to stay and work in the state for an initial period of two years.

The new legislation will make it necessary for such immigrants to make a declaration to abide by the law and to make every effort to become economically viable.

Achieving economic viability within the two years will almost guarantee that residency will be renewed for a further three years.

These immigrants will not be permitted to bring relatives from abroad under the scheme.

author by redjadepublication date Sat Jan 15, 2005 16:54author address author phone Report this post to the editors

Download the new application form
http://193.178.2.128/permission.pdf

Mr Michael McDowell TD, Minister for Justice, Equality and Law Reform, today announced details of the revised arrangements for the processing of claims for permission to remain from the non-national parents of Irish born children who were born before 1 January 2005.  The new application form to be used by applicants and an explanatory leaflet will be placed on the Department's website tonight.

[....]

Applications will in general be processed in the order in which they are received.  Completed application forms must be returned by post to the Department by 31 March 2005.

[....]

Your completed application form should be accompanied by the following documents:
• Original passport/National Identity card (not GNIB card) of the adult applicant
• Original birth certificate for Irish born child
• 2 passport size photographs of the adult applicant (each one signed on back)
• Evidence of continuous residence in the State since the birth of the child (utility bills, lease/rental agreements, etc)
• Letter from your Community Welfare Officer stating the period that you have been in receipt of welfare payments in the State
• If you have been employed in the State, details of that employment, such as tax certificate, letter from employer, etc

http://www.justice.ie/80256E01003A02CF/vWeb/pcJUSQ68MNEK-en

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