State papers: Politicians' special visa channel scrapped by US embassy over abuse of system

A 'special channel' made available to members of the Oireachtas to support visa applications by members of the public was cancelled by the US embassy in 1992.

A “special channel” made available to members of the Oireachtas to support visa applications by members of the public was cancelled by the US embassy in 1992 because the system was being abused.

Newly-released State papers show US diplomats decided to cancel a system that was contingent on being kept private after a TD went public about it in the media in June 1992.

The informal facility had allowed the personal guarantee of TDs and senators about the visa applicant to weigh heavily in decisions by US embassy staff on issuing non-immigrant visas to the US.

In some cases, the word of a member of the Oireachtas could reverse a decision to refuse a visa for travel to the US.

Documents show an analysis by the US embassy of visa applicants “guaranteed” by politicians over the previous six months revealed 10% had stayed on illegally in the US.

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US officials also pointed out that many applicants were aware of the arrangement and informed embassy staff that they would return with a letter from a TD if they were refused a visa.

Confidential files show the then US ambassador, William FitzGerald, has “serious reservations” about the “special channel” after being informed of its existence.

They also reveal the then Government chief whip, Noel Dempsey, had complained that Oireachtas members were being victimised by the decision to cancel the system.

The US consular general, James Callahan, informed Mr Dempsey in September 1992, in response to his concerns, that the “special channel” did not conform with US Department of State regulations on visas.

Then Government chief whip Noel Dempsey complained that Oireachtas members were being victimised by the decision to cancel the visa system. Picture: Kevin Clancy 

Mr Callahan said there had also been a problem with beneficiaries of the system violating the terms of the visa.

The consular general said US immigration law did not allow consular officers to suspend judgment in visa cases.

“Personal guarantees, even by members of US and foreign legislative bodies, may only be considered in the context of all other factors bearing on the adjudication of the application,” said Mr Callahan.

He pointed out that the “special channel” had resulted in his officials deferring to the personal guarantees of members of the Oireachtas. Mr Callahan added:

The fact that a substantial percentage of applicants who received visas through the ‘special channel’ did violate the terms of their entry is testament to the importance of operating within the regulations.

He said the US embassy would still give all consideration to letters of support from politicians for their constituents.

However, Mr Callahan said such letters would be reviewed but “as only one element of the application and will not, in and of themselves, guarantee visa issuance".

Confidential files show the US embassy informed the Department of Foreign Affairs in November 1992 that it had discontinued providing detailed explanations of individual visa refusals to public representatives.

Mr Callahan explained having to respond to several hundred inquiries and follow-up questions was having an impact on the workload of the embassy.

The consular general said the policy had also been changed because of the confidentiality of visa records under US law.

While politicians could write in support of a visa application, Mr Callahan said there was no separate review system “for cases of interest to public representatives.” 

Earlier that year, another US diplomat informed the Department of Foreign Affairs that the “special channel” was no guarantee that the recommendation of an Irish TD or senator “would be blindly followed".

“If the consular officer, after receiving the TD guarantee, still thinks it is a bad case, it will be denied,” the official added.

He also dismissed claims made by Irish politicians about US embassy staff being rude to visa applicants and noted one retired senior consular officer who had recently worked in the Dublin embassy had said its staff were the most polite he had seen in his 35-year career.

“I take these observations far more seriously that I do anecdotal references by foreign politicians who have no understanding of US law or its process,” the diplomat added.