It’s time for a clear immigration system

THE positive steps in the US senate to bring about genuine immigration reform will be welcomed by families on both sides of the Atlantic who have had to live with the heartache of being torn apart by immigration rules.

For many undocumented Irish, a path has been set out by senators, Democrat and Republican, which could finally see them able to regularise their immigration status and return home for big family events and celebrations.

It is a success not just for Barack Obama, but also for successive Irish governments that have campaigned for change. No doubt some of our own political leaders will try and claim some of the glory. However, before their laps of honour in the Irish clubs, centres, and societies of Hell’s Kitchen, Queens or Brooklyn, as well as Boston, Chicago, and San Francisco, they should start looking closer to home.

While our undocumented in the US can see light at the end of the tunnel, for many migrants in Ireland, life remains uncertain as they attempt to negotiate an immigration system which lacks clarity, transparency, and an independent appeals mechanism.

Many undocumented people in Ireland have been attempting to regularise their status for years, in some cases more than 25 years. Even for those living here legally, there are many challenges.

One of the most pressing needs is the denial of the right to family reunification: That is the right to live in Ireland with family or a partner who is from outside Europe.

As a frontline organisation and an independent law centre, the Immigrant Council of Ireland is working on cases of Irish people and migrants split from their partners and spouses or, in the most heartbreaking cases, parents split from their children. In some instances, mothers and fathers are watching their children grow up over Skype.

Research the Immigrant Council has led with partners from across Europe has shown that Ireland comes bottom of the league in this important area when compared to many of our neighbours.

The Government is promising a new policy on family reunification, and we are campaigning to ensure any new measures will have substance and will benefit families.

We are seeking rules on family reunification which are clear, fair, and just for all. We want an end to the current system, where applications are decided on the basis of discretion without adequate guidelines.

US president Barack Obama recently tweeted on his desire for families torn apart to be reunited. It is our hope that our leaders will share his view.

The proposals being advanced in the US will set an estimated 11m undocumented people on a path to citizenship. This is the ultimate recognition of their contribution to American society, albeit in many cases below the radar.

In Ireland, even migrants who have legally contributed to our country for many years and have shown a commitment to our economy face the regular burden of re-registering with the Garda National Immigration Bureau. At €300 per registration, this is not only an administrative burden but also a financial one.

It is time for Ireland to re-examine this process. People who have shown a commitment to Ireland should be allowed to avail of a system which allows permanent residency and removes the uncertainty which exists over their stay in this country.

The denial of the protection of the Office of the Ombudsman to those using our cumbersome immigration service remains a major point of concern. The Ombudsman, Emily O’Reilly, has expressed a willingness to take on this role yet, for thousands of people, her protection is denied.

This is unfair on applicants who are often vulnerable and going through a turbulent period in their life, possibly even risking deportation.

Natural justice should ensure that they can appeal for an outside, independent review of immigration decisions — and not be forced to resort to the costly, long drawn out option of resorting to the courts.

The review of immigration law now underway in the US is being accurately described as the most radical in 25 years. Like all momentous political decisions, there are many theories as to why it is taking place, and to why it is happening now. One of the most prevalent is that it simply makes economic sense and allows America to seek and to keep the workers it needs.

Employers, too, are facing skill shortages in a range of sectors and, while the Government recently announced an increase of 50% in the level of work permits in the ICT sector, that is just part of the solution. Work permit reform will only work if there is immigration reform, as many potential skilled employees may favour other countries if told their family are not allowed to come with them to Ireland.

There is much we can learn from the ongoing political process at the White House and Capitol Hill.

Ireland, its citizens, and its migrants deserve a modern, efficient, and transparent immigration system which is fit for purpose. It should serve not just to protect our interests, but to offer hope to those who have gone out of their way to call Ireland home.

* Denise Charlton is chief executive of the Immigrant Council of Ireland