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Is Immigration Reform on the Brink?

Ciaran Staunton addresses a group at the Irish Center.

Ciaran Staunton addresses a group at the Irish Center.

She came here from Northern Ireland nearly 20 years ago just to visit her sister, and fell in love with America. And when she fell in love with the man who became her husband, a man from Belfast and, like her, here illegally, she found herself committed to a life in the shadows.

They now have children, American born, who can only see their Irish grandparents when they can come to the States. Because they’re “undocumented,” she and her husband can go back to Ireland, but they’d never be able to return to the US, the place they now call home.

“I haven’t been home to Ireland in 16 years,” she said. “When my husband’s mother died, he couldn’t even go to her funeral.”

For the 50,000 Irish in the US illegally, the story is much the same. But the new bipartisan immigration reform bill now before the US Senate could rewrite the ending, said Ciaran Staunton, president of the Irish Lobby for Immigration Reform, which has been on the stump since 2005 to bring undocumented Irish out of the shadows and open their path to citizenship of the country where they live, raise their children, and pay taxes.

Staunton was in Philadelphia on Wednesday night at a meeting called by the Philadelphia Gaelic Athletic Association, many of whose members are Irish born and depend on Irish players to fill out their rosters during summer’s 8 weeks of play on the fields of Cardinal Dougherty High School. In an impassioned speech sprinkled with Irish, he urged those who attended—about 50 people, including the woman from Northern Ireland—to call Pennsylvania’s GOP Senator Pat Toomey to urge him to vote yes on Senate Bill 744. (“Clearly his people dropped the ‘W’ when they came to America,” joked Staunton about the Rhode Island-born Toomey’s Irish forbears, referring to an alternate spelling of the name that may either be traced to a town in Galway or to the word in Irish meaning hill or burial mound.)

S 744 would legalize undocumented immigrants and establish 10,000 E visas, renewable work visas, for people from Ireland, both the republic and Northern Ireland. It needs 60 votes to pass the Senate, and though it has bipartisan support, including that of some prominent conservative Republicans including Marco Rubio, John McCain, and Lindsey Graham, passage is far from guaranteed, said Staunton. And its passage by the dog’s breakfast of personalities in the House is doubtful, though a major victory in the Senate could sway House members, some political observers are saying. Staunton said to send a strong message to the House, the bill’s chief supporter, NY Senator Charles Shumer, wants it to pass with more than 70 votes, not just the bare minimum.

Still, this week House Speaker John Boehner called the bill “laughable.”

On Wednesday night, no one was laughing. Even Staunton admitted it’s not a great bill. “It’s grand bargain and no one loves it,” he said. But it’s the only thing on the table right now.

Staunton recalled with some bitterness the quid pro quo act of the Bush Administration to give the Australians 10,000 E visas a year, limited to those with a college degree, for their military support in Afghanistan and Iraq and as a result of the Australia-United States Free Trade Agreement. “Yet they didn’t build roads, they didn’t build churches, and they didn’t build the democracy of America,” said Staunton.

The degree limitation is “a bit elitist as far as I’m concerned,” he said, noting that many of the Irish who come to the US are skilled “trades people.” At a New York fundraiser recently, he said, he was in a room of Irish-born millionaires “and none of them would be fit to come here under the Australian visas.”

One major stumbling block to passage of the bill is the insistence by some legislators that legalizing undocumented workers be linked to the protection of the border. Staunton said this brought him into rare agreement with NY Congressman Peter King who pointed out that there are already 11 million undocumented immigrants “inside our borders, and we need to know who they are.”

Immigration reform has some other strange bedfellows as well, including the US Chamber of Commerce, the labor unions, and the Catholic Bishops, though the church hierarchy has stopped short of Staunton’s wish that “they issue a statement from every pulpit.” And most political observers point out that the only reason there is an immigration reform bill on the table—albeit a shaky table—is the resounding support President Barack Obama received in his second term election from Latinos and other ethnic groups who have become alienated from the GOP in part because of its hard line stance on immigration.

The struggle will be difficult, but don’t count the bill down yet if supporters are willing to flood Toomey’s office with calls, said Jeff Dempsey, an aide to State Rep. Brendan Boyle, the son of Irish immigrants who is running for Congress in the 13th district, which includes Northeast Philadelphia and Montgomery County. (Boyle remains in Harrisburg to finish work on the state budget.)

You may think you’re “not effective,” Dempsey said. “But I’ve been on the other end of the phone” after a grassroots calling campaign and legislators take it very seriously. They understand “this is a groundswell, this is a constituency that we have to answer to,” he said.

The woman from Northern Ireland is hopeful, but still, when her parents called her, excited about the latest immigration reform push, “I told them not to get their hopes up,” she said. “They got excited when this came up a few years ago and all our great hopes fell. If this doesn’t work, it could be years before it comes up again.”

You can reach Senator Pat Toomey’s office at 215-241-1090 in Philadelphia or 610-434-1444 in Allentown.

View photos from the meeting here.

News

What’s The Immigration Bill All About?

By Stephen M. Dunne, Esq.

On December 15, 2009, Congressman Luis V. Gutierrez (D-IL) introduced legislation (HR 4321) to reform our immigration laws. To date, the bill has 92 co-sponsors, all of them Democrats.

The Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP) represents an important step in getting Congress to repair our broken immigration system.

The CIR ASAP bill is the first comprehensive immigration reform bill that aims to rectify some of the egregious immigration practices set in place since 1996 while simultaneously establishing a 21st century approach to protect and secure our nation’s borders.

Below is a thumbnail sketch of the contents of the bill:

Border Security: The bill creates a Southern Border Security Task Force that is composed of federal, state, and local law enforcement officers with oversight and accountability provided by the Department of Homeland Security. The enforcement provision of the bill ensures that the Customs and Border Protection have sufficient assets such as helicopters, power boats, motor vehicles and other advanced aerial surveillance equipment to properly secure the U.S. – Mexico border.

Enforcement: The bill repeals the controversial 287(g) program, a provision of immigration law relating to cooperation between state and local enforcement agencies and ICE (misused by some agencies bent on harassing immigrants) and clarifies that the authority to enforce the federal immigration law lies solely with the federal government.

Judicial Review: The bill would restore provisions providing for judicial review of immigration proceedings that were stripped from the law by 1996 legislation. The federal courts would be free to review the decisions and practices of the Department of Homeland Security (DHS) thereby restoring the historic role that the courts play in reviewing agency actions.

Legalization: The bill would create a program providing conditional nonimmigrant status for undocumented immigrants (and their spouses and children) in the U.S., which is valid for six years. An undocumented immigrant must establish his/her presence on or before December 15, 2009, pass a criminal background check, learn English and U.S. civics and pay a $500 fine (plus necessary application fees) in order to obtain a six-year visa. After the six-year term has expired, the undocumented immigrant is also eligible to adjust their status from conditional nonimmigrant to lawful permanent resident status (green card) and eventual citizenship.

Visa Reforms: The bill would reduce the existing backlog by permitting “recapture” of unused employment-based visas and family sponsored visas from fiscal years 1992-2008 and allows future unused visa numbers to roll over to the next fiscal year. It is estimated that these recaptured visas would number in the hundreds of thousands. The bill would increase the number of employment-based green cards from 140,000 to 290,000 per year. To promote family unity, the bill reclassifies the spouse and children of Legal Permanent Residents and treats them the same as the spouses and children of citizens, exempting them from the annual immigration cap. Furthermore, immigration judges are given great discretionary authority to waive unlawful presence bars to reunite families upon a demonstration of hardship for applicant’s U.S. citizen or lawful permanent resident family members.

Our current immigration system has failed by all accounts and we desperately need to begin the comprehensive immigration reform dialogue in Congress in order to solve the current crisis. President Obama has indicated that he wants Congress to pass an immigration bill in 2010 and (HR 4321) may be that bill. It certainly would be a brilliant way to start the New Year.

Stephen Dunne is a Center City attorney who was born in Dublin. He graduated from Penn State, got his law degree from New England Law, and has served in the Pennsylvania Army National Guard. He volunteers at the Philadelphia Irish Immigration Center, the Pennsylvania Senior Law Center and the Immigrant Migration Center in Philadelphia, among others.

Columns, News

Guest Editorial: Immigration–Do the Math

By Stephen Dunne, Esq.

The United States is a nation of immigrants which historically always had a liberal U.S. immigration policy. During the seventeenth, eighteenth, and nineteenth centuries, immigration to the United States was essentially open, and, at times, immigrants were even recruited to come to America to help with the settlement of undeveloped areas of the country. Until the 1920’s, no numerical limits on immigration existed in America.

What happened? Racial theories based on junk science began to influence U.S. immigration policy. The U.S. House Judiciary Committee employed a eugenics consultant, Dr. Harry H. Laughlin, who asserted that certain races were inferior. Within a short time, the Immigration Act of 1924 set new numerical limits on immigration based on “national origin.” Taking effect in 1929, the law imposed annual immigration quotas for the first time, essentially closing the door to many immigrants.

The United States, a nation of immigrants, has continually been dependent on successive waves of immigration to grow it economy. It is in large part thanks to these immigrants that the United States has prospered over the past few centuries.

I am not an economist but I am an Irish immigrant who has owned and managed a landscaping company, a real estate company and presently, a law firm and it seems to me that this country needs a multifaceted solution to solve our current economic crisis and Immigration Reform could very well be part of that solution.

According to most calculations, twelve million illegal immigrants (12,000,000) reside in the United States. Assuming that a two thousand dollar ($2,000.00) application fee is charged to twelve million illegal immigrants (12,000,000) that would generate approximately twenty-four billion dollars from this one time application fee that could be used to stimulate the U.S. economy.

More importantly, the twelve million illegal immigrants would now be paying taxes for the first time and assuming that each individual is taxed in the 15% tax bracket and earning an annual income of $25,000.00, the Internal Revenue Service (IRS) would collect $3,750.00 per person which would amount to forty-five billion dollars per year in new taxes from these immigrants.

Immigration reform would stimulate the U.S. economy by generating sixty-nine billion dollars in application fees and taxes in the first year alone and forty-five billion dollars each year thereafter. Now that’s a stimulus package!

It goes without saying that Immigration Reform needs to be addressed immediately as an integral component of a strategic plan to resuscitate the stagnant US economy.

Bio: Attorney Stephen Dunne is originally from Dublin, Ireland. He has a Bachelor of Science in criminal justice and sociology from Pennsylvania State University, a Juris Doctor from New England Law in Boston. He also served in the U.S. Army as an Infantry Sergeant in the Pennsylvania Army National Guard. Dunne’s legal practice, which is based in Philadelphia, focuses on immigration, estate planning, family law, DUI’s and bankruptcy law. Mr. Dunne is actively involved in community service initiatives, volunteering weekly at the Philadelphia Irish Immigration Center, Philadelphia Senior Law Center, Pennsylvania Consumer Bankruptcy Assistance Project, Philadelphia Mortgage Foreclosure Diversion Program and the Immigrant Migration Service of Philadelphia.

News

Irish Represented at This Week’s Immigration Rallies

Sarah Conaghan at Monday's Philadelphia rally.

Sarah Conaghan at Monday's Philadelphia rally.

He was eight when his father left home, reluctantly leaving his family behind to travel thousands of miles across the ocean to America to earn money to support them. He was 16 when he next saw his father. It was, he says, the meeting of two strangers.

“When he left, I was little. When I next saw him, I was taller than my father. And he was not familiar to me. He was shocked when he saw me too.”

It could be any immigrant’s story, this old familiar tale of desperation and families torn apart. But in this case it belongs to Xu Lin, a young man born in China’s Fujian Province whose father is now trapped in America without a green card.

“My grandmother passed away two years ago and in our tradition, the oldest son should be there to send his parents away,” Lin told a crowd gathered for an immigration reform rally in the shadow of Philadelphia’s City Hall on Monday, October 12. “My father is the oldest son in the family, but he could not go because of his immigration status. I feel really sad for my dad and grandmother.”

The rally, organized by the group Reform Immigration for America, was a send-off for a handful of local people who were traveling to Washington, DC, the next day to attend a larger rally at the Capitol to demand action on immigration reform before the end of the year.

Nearly 8,000 people—including representatives from Philadelphia’s Irish Immigration Center—spent the day lobbying in congressional offices and massing on the Capitol lawn to show support for new programs that will make it easier for immigrants to become citizens and for the abolition of old programs that make them criminals.

One of those local representatives was Sarah Conaghan, a Delaware County woman whose father, Tom Conaghan, founded the Irish Immigration Center. She stressed the need to “put a different face” on immigration, one that reflects the true diversity of immigrants “who come from Ireland, Honduras, Poland, every country you can imagine.”

The Pennsylvania group met with aides for Bucks County Rep. Patrick Murphy, Delaware County Rep. Joe Sestak and Senators Bob Casey Jr. and Arlen Specter, though their lobbying was preaching to the converted. Those lawmakers are on record as supporting immigration reform.

Among the proposed laws immigration reformers would like to see passed is the Reuniting Families Act, set in play by New Jersey Senator Robert Menedez, New York Senators Charles Schumer and Kirsten Gillibrand, and the late Senator Edward Kennedy of Massachusetts. The bill would end lengthy wait times for foreign-born relatives of US citizens and permanent residents to be granted visas. There is currently an immigration processing backlog of 5.8 million people, or about 20,000 people a year. Supporters say that the US economy takes a hit as a result: Many of these people are at retirement age when they finally arrive so are unable to join the workforce or pay taxes.

While the rally was going on in Washington, Siobhan Lyons, executive director of the Philadelphia Irish Immigration Center, was in New York with a coalition of Irish groups meeting with Irish Foreign Minister Micheal Martin. Martin was doing the rounds of national lawmakers to take a read on the future of the reform bills now on the table. “He said that there’s a small window at the beginning of the year where we need to get comprehensive reform in,” says Lyons.

In past years, the Irish got a special pass. “The Irish have benefited from special visa programs and there has been a hope in the Irish community that we’ll get this again, but it’s not happening,” says Lyons. And, she says, it shouldn’t. There are an estimated 50,000 undocumented Irish in the US. There are millions of Hispanics.

“The whole coalition of Irish immigration organization is planning a push—it might be a postcard campaign—to make sure that the entire community gets behind comprehensive reform that applies to everyone, with no ethnic group singled out.”

She says she’s hoping the Irish have long memories. “Not long ago, the Irish were met with signs that said, ‘No Irish need apply.’ We were once the immigrants no one wanted. We know what it’s like to be the people everyone hates. It all turned out great for us. . .and everyone else.”

For Conaghan, the current immigration situation has a “there but for the grace of God go I” component. It’s personal.

“I’m the daughter of two immigrants and when they came here in the 1970s, there was a road to citizenship then and they took it,” says Conaghan. “Since 1996, our community been devastated something called the Illegal Immigration Reform Act, which removed every legal road and bridge for Irish immigrants to become citizens. It eliminated the path to legalization. Their punishment: Those who remain 180 days after their visas are up can be barred from returning to the US for up to 20 years. The result of all this is that people who remained because they had put down roots—they settled down and had kids—have been trapped here, living in the shadows for over 15 years. I know some of these families and they haven’t been able to go back to see grandparents who live in Ireland.”

Roughly 20 percent of Pennsylvania’s population has Irish roots, with a million Irish and Irish-Americans living in the Philadelphia metropolitan area.

“Yet our historic contribution to this country has been ignored,” says Conaghan. “This is such an important issue for our community locally, and every community. Our country was built by immigrants.”

News

Put the Green In Immigration Reform

You may not know if from the national controversy over immigration reform, but some illegal aliens have Irish accents. And with double-digit inflation in Ireland, the number of undocumented Irish in the US is bound to increase.Put on something green and head down to City Hall on Monday, October 12, at 11:15 AM for a rally to support immigration reform.

“It is vital that the Irish community plays a visible role in the campaign for immigration reform, and I would love to see a green bloc at the rally,” says Siobhan Lyons, executive director of the Irish Immigration Center of Philadelphia.

The rally is scheduled the day before a major rally and march on Washington, DC, where immigration reform groups from all over the country will converge.  The Irish Immigration Center is sending a delegation. For more information, contact the center at 610-789-6355.