From: Dan Dennehy, AOH National Immigration Chairman
Immediate Action Required
Brother & Sister Hibernians and All Friends of the Irish Peace Process and Unity:
Malachy McAllister, a Brother Hibernian from New Jersey AOH Division 1, fled Ireland with his young family after receiving death threats from Loyalist death squads. The McAllisters were embraced by the Irish American community, which rallied strongly to their cause and fought successfully for two decades to keep Malachy from being deported.
Malachy , became a beloved and respected member of our community, enduring the premature death of his wife, raising his young family, becoming a productive businessman and employer and being acknowledged as a key promoter of the Irish Peace Process which has done so much to end the war which had victimized him and his family.
In recognition of his standing in this, his adopted new country, the Glen Cove Hibernians named Malachy as Aide to the Grand Marshal of the Glen Cove St. Patrick’s Day Parade in 2001; he marched alongside Grand Marshal Patrick Lynch, President of the NYC Patrolmen’s Benevolent Association. Through the efforts of the community and the support of many public figures such as Mr. Lynch, numerous Senators, Members of Congress, countless public officials of all stripes, Malachy received stays of deportation on a yearly basis year after year. He, his family and the Irish community had every reason that he would be allowed to stay in this country until he received notice on March 25, 2016 that he is to be deported later this month, on April 25.
Malachy McAllister has become a valued and valuable member of American society; he and his family must not be victimized by this heartless travesty of justice.
WHAT YOU CAN DO:
1) PLEASE call your member of the House of Representatives TODAY.
The number for the House Congressional Switchboard is (202) 225-3121.
2) Give your zip code when requested and ask to speak to your Congressman’s Office.
3) When directed to that Office, ask to speak to the Legislation Officer or Immigration Liaison your Representative.
4) If they aren’t available, ask to leave a message stating: “I would like to hear from the Congressman, the Chief of Staff or the Representative’s Immigration person as soon as possible. Ask then for an email address in order to forward Congressman Crowley’s letter.
5) If they are available, tell them that (a) You support Congressman Joe Crowley’s request that ICE exercise its discretion (as it has done previously) by taking quick action to suspend the deportation order against Mr. McAllister as he is no threat to this country. (b) Ask your Congressman to contact Congressman Crowley and sign onto this letter!”
6) If your Representative indicates to you their support for Comprehensive Immigration Reform, THANK THEM! If your Representative indicates opposition, ask them to reconsider that position and thank them for their time.
7) Please call or email me immediately after you have made contact, so that we may follow up on your efforts. Brothers and Sisters this issue is now crucial and requires immediate action on the part of every Hibernian.
I will be happy to provide you with any supporting information that you require. Thanks in advance for all your efforts and yours In Our Motto,
Dan Dennehy, Immigration Chair
Talking Points for Malachy McAllister Case:
- Imminent deportation – Order issued on 3/25/2016 to report for deportation on 4/25/2016, so urgent action is required.
- Malachy been granted Deferred Action Status by the Department of Homeland Security (DHS) since 2006, indicating that there are no national security or public safety concerns that would warrant Mr. McAllister’s deportation and that DHS has found compelling factors in his case for exercising its discretion to allow him to remain in the United States.
- Case history:
- Wife and three children granted asylum by Immigration Judge Henry Dogin in 2000 based on severe persecution suffered in Northern Ireland, including an attack on the family home in Belfast in which Loyalist gunmen fired 26 shots into the house while the McAllister children were inside. Mr. McAllister was denied asylum due to conviction in Northern Ireland in 1983 for participating in armed resistance to British rule. His participation was in the context of the severe persecution he suffered at the hands of the British military and the Royal Ulster Constabulary (RUC), the militarized police force of Northern Ireland, and of a political struggle against British rule in Ireland.
- Mr. McAllister appealed his denial to the Board of Immigration Appeals, which upheld the decision in 2003.
- The case was appealed to the Third Circuit, which upheld the denial of asylum in 2006.
- An Adjustment of Status application has been filed for Mr. McAllister based on an approved I-130 petition for immigrant status on behalf of Mr. McAllister filed by his U.S. citizen son, Gary McAllister. In order for this application to be considered, DHS must join a motion requesting the Board of Immigration Appeals to reopen the removal proceedings and remand the case to the Immigration Judge for consideration of the Adjustment of Status.
- Substantial new evidence has come to light since the Third Circuit decision, confirming British government involvement in the attack on Mr. McAllister’s home. The DaSilva report on the investigation into the murder of lawyer Pat Finucane, issued in 2012, contains evidence on a number of other individuals who were targeted by loyalists in collusion with government forces, including Mr. McAllister (identified as “T/12” in the report).
- Investigations in Northern Ireland into the attack on the McAllister house are ongoing. Mr. McAllister was just informed that his case is the subject of a active criminal investigation by the Police Service of Northern Ireland (PSNI). He also has a pending complaint before the Historical Investigations Unit (HIU, formerly the Historical Enquires Team). These investigations could create a dangerous situation for Mr. McAllister if he was returned to Northern Ireland, and the continual reminders of the attack would create added psychological trauma.
- Since the Third Circuit decision, Congress has passed legislation, the Consolidated Appropriations Act (CAA) of 2008, allowing for a waiver of the “terrorist activity” grounds of inadmissibility that render Mr. McAllister removable from the United States. Under the law, the Irish National Liberation Army (INLA), with which Mr. McAllister was involved, is not considered a “terrorist” group. It is notable that the group that targeted him, the Ulster Defence Association (UDA), is on the State Department’s Terrorist Watch List (a Tier II group under the CAA), indicating that they are still considered a danger.
- Third Circuit Judge Maryanne Trump-Barry, in a concurring opinion, expressed regret that the law did not provide them with an avenue for Mr. McAllister to remain in the United States. This discretionary waiver could provide such an avenue for relief. At the very least, it expresses a policy change recognizing that the “terrorism” exclusion laws should not be absolute.
- There are numerous positive factors that weigh in favor of allowing Mr. McAllister to remain in the United States. Essentially, he is a model resident of this country:
- Mr. McAllister has a four-year-old U.S. citizen son, as well as a 39 year old U.S. citizen son, and 5 U.S. citizen grandchildren.
- He has not been arrested or convicted of any crime since arriving in the U.S., and his conviction in Northern Ireland was over 30 years ago.
- He owns two businesses and employs at least 14 U.S. workers.
- He has numerous community ties and strong support from Irish American Organizations.