Despite the
Good Friday peace accord, Northern Irish activist Malachy
McAllister faces deportation after an immigration court denied
his appeal against deportation. Additionally, the Board of
Immigration Appeals reversed a previous court decision to
grant asylum to McAllister’s wife and the couple’s four
children. Irish activist groups in the US have rallied around
the cause of McAllister.
In his youth,
Malachy McAllister, like so many others of his generation, served
time in a British
prison after becoming involved in conflict with the Royal Ulster
Constabulary
(RUC), a sectarian paramilitary organization in the guise of a
civilian police
force. McAllister served
over three years in prison and was released in 1985.
In 1988,
masked gunmen fired 26 shots into the McAllisters’ home while
three of their four children were inside with their
grandmother. Soon after, the McAllisters moved to Toronto,
and from there, to New Jersey in 1996.
Although the
entire family requested political asylum because they knew
their lives would be in danger if they returned to their
hometown of Belfast, an immigration judge ordered in late 2000
that Malachy McAllister be deported, while granting asylum to
his wife because she suffered extreme persecution. McAllister
appealed his denial and the government appealed the asylum
granted to his wife.
Just before
Thanksgiving, 2003, while McAllister was attending a meeting at the Capitol
Hill office of Rep. Donald Payne, an incoming cell phone call
relayed the message that the Board of Immigration Appeals not
only had ordered his immediate deportation, but also had
revoked the asylum status of his wife and children.
McAllister
immediately filed motions with an appeals court in
Philadelphia, and won a temporary stay of his deportation,
although not of his detention. The same court, however,
had ruled in favor of deportation of another Irish
political refugee, John Edward McNicholl, under
circumstances similar to Malachy's, and refused to hear an appeal to
suspend McNicholl’s deportation, and in April, 2006 .
Malachy had
become, by this time, a well respected and welcome member of
the Irish American community. That community was
outraged at what was viewed as an attempt by the BCIS to
blind-side Malachy and his supporters by spiriting him out of
the country on Thanksgiving weekend when it was apparently
assumed that that the deed wouldn't be noticed until it was to
late to take action. Galvanized by this, and the recent
bitter experiences of John McNicholl's deportation, and the
unjust incarceration of yet another political emigre,
Ciarán Ferry, since January 30, 2003, the family
experienced, as Malachy says a "an enormous groundswell of
support from the Irish-American community, and from groups
like the IAUC and AOH in particular."
(Click
here to read about the groups that have come out in support of
the McAllister's)
Malachy stated that
"we have witnessed the result of democracy in
action. Without the support of Irish-America, our
Representatives and Senators, and without the media shining a
light on this case, I have no doubt but that I would have been
arrested, shackled and shipped out to face my persecutors.
Bernie and I have only ever sought the chance to raise our
family in an atmosphere free from fear and bigotry, and give
them opportunities that were denied us."
He went on to say:
"we still have a lot of work to do until this government
recognizes that my family, and other Irish nationals in
similar situations, present no danger to the safety and
security of the United States. We must keep moving toward that
goal, but today has been a significant victory for democracy
and justice."
From Thanksgiving, through the middle of
January, 2004, the McAllister family had been on what they
call an "emotional rollercoaster", coming within a hair's
breath of deportation on a number of occasions before
obtaining legal relief by way of last minute stays, the latest
being by the Third Circuit Court of Appeals in Philadelphia,
while their appeal is heard.
Sadly, the
family suffered another blow when,
On her 46th birthday in May,
2004, Bernadette McAllister died, just six weeks after being
diagnosed with cancer.
With
the tragic and sudden
death of
Bernadette McAllister, her children are in imminent danger
of deportation to Northern Ireland where their lives would
be in jeopardy.
The Immigration and Naturalization Service is
trying to send Malachy McAllister and his children back to
Northern Ireland where their lives would be in grave danger
and they could be murdered by a death squad.
Ø
The McAllister family (Malachy, Bernadette, and their
children Gary, Jamie, Nicola and Sean) fled Belfast in 1988
in the wake of an assassination attack on their home by home
by pro-British paramilitaries. A Loyalist death squad, armed
with automatic weapons, nearly succeeded in claiming the
lives of the McAllisters' young children and their
grandmother.
Ø
The British security forces, the Royal Ulster Constabulary,
gave Malachy’s name and address to the assassins. His
security details were found in a house used by the hitmen.
Ø
Theresa Clinton, a family relative was gunned down in her
living room by Loyalist paramilitaries. Also, the RUC (now
the Police Service of Northern Ireland) warned members of
Bernadette McAllister’s family that their security files
were leaked to the Loyalists.
Ø
Just last year, Irish America’s largest newspaper “The Irish
Echo” received an email from the Red Hand Commando
paramilitary group threatening ‘next time we won’t miss’
should the McAllisters be deported.
Bernadette
McAllister and her children were initially granted political
asylum by Immigration Court in New Jersey; the Federal Judge
found that they had suffered "severe past persecution"
because of their political beliefs and because they were
Malachy McAllister's family. Malachy's request was denied as
a result of his convictions in Belfast for his part in what
he believed to be a struggle for national liberation.
Unfortunately,
Bernadette and her children were stripped of asylum in a
controversial decision by the Board of Immigration Appeals (BIA).
The BIA is flying in the face of the facts and expert
testimony as exhaustively outlined in the Immigration
Judge's decision. Judge Dogin stated that it is
incomprehensible to any objective observer that a gun attack
on the McAllister children, orchestrated by a Loyalist death
squad which the British government was found to be
"unwilling or unable to control," is anything less than
clear evidence of persecution.
Since his arrival
in the US, Mr. McAllister has been a model citizen. He
founded a successful business while making a safe home for
his family. Two of his children are still enrolled in
secondary school and his other sons are married to American
citizens.
Sadly, Malachy's
wife Bernadette died suddenly of cancer in May 2004, leaving
him as a single parent struggling to provide for this by now
very American family.