• RSS
  • Text Size:
  • -
  • irishtimes.com - Posted: October 15, 2009 @ 11:44 am

    Puzzled

    Bryan

    I think I first heard about the plight of the ‘undocumented Irish’ in the United States about six months into stay in Ireland, and I was puzzled. In fact, I still am.

    I was puzzled because within a few weeks of my arrival here, I had learnt a new vocabulary that revolved around immigration. The words ‘illegal’, ‘problem’ and ‘asylum seekers’ were the most prominent and frequently used, but there were others. By my sixth month, I thought I had understood all there was to understand about Ireland’s take on immigration. Simply, where absolutely necessary, the skilled, and a chosen few among those who fled life threatening situations (and had the presence of mind to carry sufficient supporting documentation) could stay. Everyone else was essentially a problem.

    That line was, in my opinion, tough, unkind, verging on immoral even, but ultimately, just about justifiable. Enter Bertie’s pleas to the former US administration on behalf of the ‘undocumented Irish’ with the full backing of the Irish public. Following on in that tradition, Minister for Foreign Affairs Micheál Martin, who is currently in the US, was quoted yesterday as saying, “For us it is an important issue, given the fact that a number of Irish people have been undocumented for a very long time and it’s causing real trauma and hardship on families.”

    On this issue, I lean towards the side of St Augustine who said that an unjust law is no law at all. If a person cannot earn a decent living in Zimbabwe, I don’t think they should be criminalised for jumping over a fence and looking for work in South Africa. The same goes for the person who overstays their holiday in the United States because it offers them opportunities to make a living that they feel are absent in Ireland. I cannot condemn people who take these extreme measures, especially because I have never been in a situation in which I felt my options were so narrow that ‘criminality’ was the only way out.

    Having said that, I understand and appreciate the arguments of those who believe that a nation’s territorial integrity and laws should not be broken under any circumstance. Fine. What I don’t get is how they are ‘undocumented’ when they are your lot, and ‘illegal’ when someone else’s.

    I’m trying to picture the Irish response to a Nigerian delegation’s suggestion that not only should any ‘undocumented Nigerians’ in Ireland be given a path to citizenship, but that some bilateral temporary worker program should be implemented. I’m sure undocumented Nigerian, Indian and Iranian workers in Ireland are a source of as much ‘real trauma and hardship’ on their families as Irish ones are on theirs.

    Back to what puzzles me, how does the nation’s collective conscience square this issue up? How can there be simultaneous calls to intercede on behalf of the ‘undocumented’ Irish and calls to get rid of ‘illegal’ immigrants at home? How can those two terms even live side-by-side, ‘undocumented’ and ‘illegal’? And how can there be support in Ireland for US immigration reform that lets people in, while at home legislation is being advanced to keep people out?

    I’m puzzled.

  • 56 Comments

    1.
    October 15, 2009
    12:47 pm

    What muddies the water here is the cost of the asylum system that the fact that a lot of people are plugging into a social welfare system when they have presented themselves here under false pretences. I think border issues are secondary where I guess any sensible person would agree with criminals etc being turned away.
    The perception here has always been her that Irish people going abroad have done so to work and have not had to “play” the asylum systems or welfare systems in other countries. On an individual basis the motivations are no doubt the same but from the host populations perspective the reality is very different. How many “undocumented” Irish people have tied up the US court system or are living off the US State?
    Every Gov. is free to lobby any other gov. I guess so its one of those situation where you get what you negotiate but I don’t see a double standard as such , it appears to be that the Asylum system should be scrapped as it is a failed policy which has spawned numerous criminal networks

    Comment by Liam
    2.
    October 15, 2009
    1:35 pm

    Brian,
    It’s an interesting question.

    But many Irish are realistic about the Irish Illegal’s in the USA, they are not in favour of anyone breaking laws of a foreign country. There is not that much widespread support for them, In fact Irish politicians when they are pleading for Irish Illegal’s in the States know they are pressing a hopeless case, and they know it. But they are more tuned into looking for votes from those in their constituency who have sons and daughters abroad, than actually trying to get exemption for them.

    Secondly it’s a question of scale. There are approximately 30,000 Irish illegals in the States, out of a population of 300 million, a tiny drop in the bucket. And even if the USA opened up their doors to the whole population of Ireland, and we all moved, our 4 million would not be register in the States, due to our small numbers and our close ethnic and cultural relationship with the States.

    It’s a different type of scale with our illegal population. We could have already 100,000 illegal African Immigrants in Ireland. That’s a much different population percentage compared to the Irish illegals in the USA. And Nigeria alone has 140 million people, at least half of whom live on less than a dollar a day, and many of whom WOULD move here if they got a chance.

    So the Irish are subconsciously afraid of the cultural and economic shock of opening our doors, and not keeping a firm grip on our immigration policies. Considering that the Nigerian population has already grown to be one of the largest ethnic groups in the country, in the last decade, we have not done well so far with our present immigration laws.

    And considering the percentage of these Nigerians who have been convicted of crime, and who have abused our welfare system, they are a lot different that the hardworking invisible illegal Irish in the states.

    Comment by P
    3.
    October 15, 2009
    1:59 pm

    It’s called double standards. It’s a joke that Ireland can defend people breaking the law in the states yet not see the hypocrasy in how foreigners are treated here in Ireland.
    The cost of the asylum system & people abusing the system ain’t the issue, asylum seekers here aren’t allowed work.

    Irish people are very good at doublethink, nearly everyone practised it during the years of the troubles.

    Comment by Paul C
    4.
    October 15, 2009
    2:39 pm

    I disagree slightly with Liam.

    Ireland is not comparable with countries such as the USA, for the simple reason that Ireland lacks any kind of coherent immigration policy.

    As a result, there are some who enter Ireland and lodge an application for refugee status, but who may not fit the narrow legal definition of “refugee”. There is no real alternative option for such persons to apply under any other basis to enter Ireland, e.g. for the purposes of employment.

    (Indeed, those who may have real fears of returning to their country of origin but who do not meet the refugee requirements – such as fleeing a warzone – had no option to apply to remain in the State until 2006 when “subsidiary protection” applications came into existence. Until then, persons were given the option to present reasons why, as an exceptional measure, a deportation order should not be issued against them by the Minister for Justice. Both of these options are currently available but ONLY if someone has already lodged an application for refugee status.)

    As a result of this unsatisfactory situation, the refugee applications process has, for some individuals, become a de facto immigration process. This is where the waters are muddied, as those applicants who actually do have a real and well-founded fear of persecution if returned to their country of origin are thereby regarded in the same way as those who realistically may not have such a fear.

    And so, we found – and still find – ourselves in a situation where immigrants in Ireland are often all labelled as “asylum seekers” or “refugees” and as such negative associations are created and applied to all applicants for refugee status AND all other immigrants.

    (The double-standard continues to apply in relation to Irish immigrants in other countries around the world.)

    Comment by click here
    5.
    October 15, 2009
    2:44 pm

    You know my opinions on this already Bryan, but it’s worth considering the cultural ties that exist between the United States and Ireland, and Nigeria and Ireland.

    Ireland is already a significant contributor to America’s cultural (not to mention genetic) make-up.

    It doesn’t justify it, but it explains some of it. It’s the same reason why Spain opened visas to Argentineans suffering during the financial crisis earlier this decade, for example.

    Comment by Steve K
    6.
    October 15, 2009
    3:28 pm

    Bryan

    there is a very simple explanation for this! Absolute hypocrisy & selfish self interest! It is ever thus in Ireland.

    Comment by An Fear Bolg
    7.
    October 15, 2009
    3:50 pm

    How does the nation’s collective conscience square this issue up?
    Very easily Bryan, nobody does hypocrisy quite like us. During the boom years we wanted European social services with American tax rates. We bitched and moaned about neoliberal economic policies and then repeatedly voted Fianna Fail into government. You could just as easily add our attitude to immigration/emmigration to the list. We’re a nation of hypocrites and we have been for centuries. Charming hypocrites, and great craic maybe, but hypocrites we are none the less.

    Comment by Enda
    8.
    October 15, 2009
    3:54 pm

    I’m puzzled. ..As to why my comment from around 2:30pm today hasn’t appeared yet.

    Comment by click here
    9.
    October 15, 2009
    5:06 pm

    I agree with you completely on this Brian.

    It seems that the Irish public have two different definitions of an immigrant depending on whether the “immigrant” is in the States or here in the Ireland.

    It’s also a point often overlooked by the Irish media. And those undocumented Irish wouldn’t have had to leave in the first place if it wasn’t for the failed policies of our politicians which necessitated the move

    Comment by Eoin
    10.
    October 15, 2009
    5:43 pm

    I was as puzzled as you were Bryan. I agree completely with Liam that people seeking refuge under false pretenses should not be granted entry into the country. However l believe that being undocumented in whichever country you are for whatever reason is breaking the law of the land.
    As a ‘documented’ foreigner in Ireland l have to go through many years of expensive visa renewals before l can apply for residency which usually takes another 3 to 4 years. Its a slow process that takes usually about 8 to 10 years before you can get any sense of permanency. I wish there was someone in governement to speak on my behalf.

    Comment by T
    11.
    October 15, 2009
    6:43 pm

    Bryan, I agree. If you want to know about a place, it makes sense to ask the locals. And that a variety of perspectives adds layers to any story. I am fascinated then that you think there is a single answer or logic to the Irish perspective on migration. Surely you know by now that we are a complicated lot! There are probably in excess of 4 million opinions and they all start from our own experiences in life. Nigerians obviously face intolerance here but I experienced quite a bit of intolerance toward the Togolese and Ghanaians when I was there. (In addition to every other emotion under the sun).

    I love that you keep asking these questions. And that so many people feel passionate enough to respond. But at the end of the day the Irish are mostly talkers. And I think most of us would be a bit disappointed if you had us figured out so soon.

    Comment by Áine
    12.
    October 15, 2009
    7:22 pm

    “If a person cannot earn a decent living in Zimbabwe I don’t think they should be criminalised for jumping over a fence and looking for work in South Africa.”
    Try telling that to the South African government or, more importantly, the South African population.

    Comment by Brian P O Cinneide
    13.
    October 15, 2009
    9:56 pm

    But Bryan, surely you’re being disingenuous? Faux naive? You’re not really puzzled about all of this: you can see, as everybody else has said, that it is straightforward hypocrisy. Great piece, and well put.

    I am really distressed that we still tell ourselves the story of the hard-working, law-abiding Paddy, keeping his head down and building the city of New York, while them Nigerians only come over here to rob us. Every nation has a narrative of its glorious diaspora. There were thieving robbing Paddies as well as honest-to-goodness ones (not to mention power hungry Paddies, corrupt Paddies, gay Paddies, and every other type you like). Nigerians surely tell themselves the same rose-tinted stories about their family and friends living around the world.
    And as for the supposed “cultural affinity”, that came from somewhere. There was a moment when thousands of starving Irishmen and women flooded off coffin ships half dead, uneducated, speaking unintelligible gaeilge, and arrived on the streets of New York. At that moment, I don’t think the Americans were embracing their cuturally similar kin. Are Nigerians and other Africans not to get the chance to build those sorts of connections?

    Comment by Carol
    14.
    October 15, 2009
    11:30 pm

    Yes it is hypocrisy but like the other examples mentioned by Eoin, i’m not sure it is a conscious hypocrisy…i don’t think we, when putting that pressure on the government re the undocumented, connect it to our views or those of the government on immigration. It’s the same with voting Fianna Fail…it’s a part of our history and culture since we became a democratic state…support the cause but don’t think too much about it.

    Our political consiousness I suppose, is only going through the teething problems.

    Comment by michaelstrasb
    15.
    October 16, 2009
    3:21 am

    National identity and borders are a human construct evolved over millenia to ensure that some people “legalised” their ownership over land and all that goes with it.

    It is much like the miners during the Gold Rush or dogs marking their territory by urinating around its perimeters. Humans just like animals “stake a claim” to a particular space, area, or object.

    The Americans stick a flag on the moon, the Russians stick a flag near the North Pole, and on it goes.

    Ownership is a social construct probably devised to shore up our insecurity in the face of the attacker “the other” which is a human for another human, just as it is a dog for another dog.

    I think when one allows someone into their “territory”/nation it would be useful to both sides if they could agree on the above starting points.

    There is absolutely nothing sacred about land, about nations or about flags. We have all bestowed scaredness on these things just as the dog has bestowed urine on the garden perimeter. To mark territory: to own them.

    That said i think nationhood, flags etc. have been a very useful social construct in allowing the human species to arrive at this point in its existence, i.e allowing us spread across the entire planet without mutually assured destruction (that lovely acronym MAD).

    Nonetheless these flags and borders are neither immutable or sacred and crossing borders should be seen in this light. As should wars !

    If the human species have developed to a point where we can view the perimeter of the garden as the perimeter of the globe and mark that as the territory of our species then how we redistribute territory within that larger garden will also evolve over the millenia to come. I think “universal” declarations of this and that are the beginning of this recognition of the real size of our garden. I also think that at the individual level, at the level of “private property”, that inheritance taxes and other such death taxes are part of this.

    Our goal now should be to develop more laws and systems which allows everyone inhabit the planet garden in some way which maximises the dignity of all. That should be the direction.

    But of necessity the process must be at a pace which does not destabilise but improve the planet and our lives upon it.

    So perhaps we need a 1000 year roadmap and then should start making some of Neil Armstongs huge steps for humanity as we start down that road.

    Ironically it is our very proximity to MAD, whether through nuclear wars or ecological self destruction, which drives us all today to see the planet as our garden and its borders as the only place we should be peeing.

    If only the Greens knew this they might stop peeing in Fianna Fails bed and move on to their real raison d’etre. Oh dear i have just fallen down to earth again. How painful!

    Patrick
    Bangkok

    Comment by Patrick Hennessy
    16.
    October 16, 2009
    10:03 am

    Carol “Are Nigerians and other Africans not to get the chance to build those sorts of connections?”

    That’s a good question , however the examples don’t line up, the US had a shortage of people in the 19thC , salaries for workers were double that of GB at the time, the US could have taken any amount Europeans . Ireland on the other hand is a small country and one has to ask assuming one knows the education a levels of those coming here are they an advantage to the country? It’s a big ask for there to be general support for allowing large numbers of relatively uneducated people to come here with all the social costs attached and little to offer in economic terms. I believe in real free markets which would include the free movement of people but as we don’t then I think the onus is on the gov. to magange migration here in the same way that countries like Australia do

    Comment by Liam
    17.
    October 16, 2009
    10:22 am

    Carol has asked “Are Nigerians and other Africans not to get the chance to build those sorts of connections?”

    Dont forget that when the huddled masses of Irish arrived in the USA in the mid 19th century, the USA was practically an empty country, with vast untapped resources in minerals and agriculture.

    Dont forget that Ireland is a small already full country, we import 95 per cent of our energy needs, we also import a lot of our food also, by air and sea.

    Where are we going to put these millions of African immigrants to make us their ethnic kin in the next few generations?

    When Bryan says he is puzzled about our immigration double-speak, I am puzzled that anyone cant see that this double-speak is for our own self preservation as a nation!!

    Comment by P
    18.
    October 16, 2009
    10:58 am

    Dare I dip my toe in this pool? The posts above have many iterations of the word “hypocricy”–sure I’m so unfamiliar with it, I can’t even spell it, at least not to the satisfaction of both sides of the Atlantic.

    An earlier manifestation of the same sort puzzled me for a short while–how Irish “patriots” who hade risked prison and death in Ireland could flee to America and fight for the South in the Civil War.

    We’ve discussed tribalism in this blog over and over. And that’s a large part of the story about those who seek special treatment for Irish law- breakers in America. (And check out South Kerry and the indignant support for John O’Donoghue there.)

    As for Nigerians in Ireland, they might not want to hold their breath while awaiting a special path to citizenship.

    And yes, Carol, the poorest of the new Irish in New York met the Know Nothings and their brutal hostility–well acted by Daniel Day Lewis as the butcher in Gangs Of New York.

    So long as Ireland remained a poor, underdevloped country, the Irish at home could bask in their narrative of absolute goodness, tinged only by a love of the drop of the crater. At the same time, the Irish in America shifted all across the political and racist spectrum. Many showed a reluctance or inability to genarlise from their own particular experiences, and opted instead to move up the peck order a wee bit.

    Comment by DesJay
    19.
    October 16, 2009
    11:47 am

    Puzzled? Really?

    Check the percentage of the Irish in the US who are law abiding, working, tax payer. Then check the percentage who are milking the system or engaging in criminal activities. Compare both values.

    Do the same with Nigerians, Indians, Iranians for start.

    Perhaps you wouldn’t be puzzled any more…

    PS: You, as a legal immigrant, should know that amnesty is a slap in the face of legal immigrants.

    Comment by Tony Garcia
    20.
    October 16, 2009
    1:23 pm

    Let me make sure I have this right. Quite a few people think the ‘undocumented’ v ‘illegal’ thing boils down to pure hypocrisy, while others think it’s about percentages and then the last view is that Nigerians are parasites while the Irish in America are decent hard working folks? So we have options A, B and C, or some combination thereof. Hmmm….

    As a guest in this nation, I’ll do my mother proud for a change and leave option A alone.

    Then there’s option B, which reads to me like a justification for A. Double standards are okay if their purpose is self preservation? Call me naive, but I thought right and wrong trumped self-interest. Isn’t that why most of the rest of the world were upset about the Iraq invasion? Let’s say the US needs oil or it won’t survive, would that make an invasion of Venezuela right? If not, how is it right to criminalise the ‘undocumented’ in Ireland because there are so many of them here in relative terms than there are ‘undocumented’ Irish people in the US? And what if the US decides its total immigrant pool is as much of a drain as Ireland’s. Will we then distinguish between the ‘undocumented’ Irish and the ‘illegal’ Mexicans?

    As for option C, I worry about the way Nigerians are portrayed in popular culture. From the South African film District 9 to the taxi driver who thinks he is complimenting me by telling me how wonderful it is that I’m not Nigerian. Sadly, I imagine the sorts of generalisations about Nigerians, and the immigrant population in Ireland in general, aren’t very different to those made about Irish immigrants once upon a time.

    Of options A, B and C, the only one that doesn’t come across as an attempt at justifying something that’s unjust is A.

    Comment by Bryan
    21.
    October 16, 2009
    2:16 pm

    Bryan,
    In Ireland, we have an immigration system which tries to keep a handle on our migration inflows, it does not work well for a variety of reasons. But putting our immigration restrictions in the same immoral league as the invasion of Iraq is a bit over the top.

    Whats wrong with self-preserevation as a nation? Whats unjust about trying to look after our nation and who lives here?

    If we opened our doors to millions of immigrants it would lead to economic and demographic disaster for us a small nation, cut off from mainland Europe by the sea, with very little resources apart from agriculture?

    Comment by P
    22.
    October 16, 2009
    2:40 pm

    P – No, I didn’t mean to suggest that immigration restrictions are on par with invading Iraq. My point was that what should precede discussions on self-interest is a clear understanding and discussion of right and wrong. First decide what ‘the right thing to do is’ on moral and ethical grounds, and then decide that within the confines of those morals and ethics, what is in the best interests of the country.

    Back to Iraq, if it were established that invading other countries for their resources is an absolute no-no, then rather than blowing years, lives and money on an ill conceived military campaign GW may have decided to invest in alternative energy.

    In Ireland, there hasn’t really been an open, honest debate on the morality and ethics of immigration. My point, again, was that ideally that should happen with people trying hard to put aside self interest initially in order to figure out what the right thing is. After that, have feasibility studies, debate self-interest, protest, have referendums, whatever. But ideally all of those activities will be bound by the terms of the preceding discussion on the ethics and morality of immigration.

    Comment by Bryan
    23.
    October 16, 2009
    2:44 pm

    To be fair Brian a lot of politics is about self interest and you have as much chance of getting open immigration as you have of abolishing the EU CAP even if it is objectively wrong on several counts. I wouldn’t dream of labelling a whole population and I have come across Nigerian doctors and accountants that I would happily share a beer with. However in isolation I would have severe doubts about open migration if it led to ghettos similar to the UK or parts of France or Germany. Remember the US did not have a welfare system in the 19thC so comparing Ireland now to the US then seems bogus.

    Comment by Liam
    24.
    October 16, 2009
    5:38 pm

    I think it would help if Tony would have cited the source of magic numbers and percentages of Nigerians ,Indians and Iranians vs irish undocumented engaged in criminal activities. Pure generalization.

    Comment by T
    25.
    October 16, 2009
    8:09 pm

    I’m pretty much with Liam’s opinions on this one. Any Irish politician who goes to America, and talks in front of a camera about “undocumented Irish” is fishing for votes in Ireland. He doesn’t speak for how everybody or even most people in Ireland feel about Irish people living in America as illegal aliens. He’s not a mouthpiece for public opinion. He’s fishing. He’s trying to touch a nerve. A politician will tell you with all sincerity that your mother was a virgin if he thought he’d get your vote.

    Also – to compare the immigration phenomenon in Ireland to immigration in America is absolutely NOT to compare apples to apples. It’s a bad comparison. The immigration systems are completely different, and the societies and countries are completely different. The US is a huge country that was historically created by immigrants, and is based on immigration. The US has no ethnic history. It’s just an idea that you either buy into or not. Ireland is a small country that has a long history of cultural homogenity with occasional waves of what would best be described as armed invasion. But Ireland has a very distinct culture and ethnic identity, although that ethnicity is a blend of a few different things at this point. Anglosaxon, Celtic, Norman, for the most part.

    There is almost no mechanism at all for someone to come to America as an undocumented or illegal alien, and then get financial assistance or handouts from the American government. Whether you go to America through an official or unofficial pathway, once you make it onto the street you have to work to feed yourself or you could starve. In America, almost nobody “gives” you anything. The downside is that society is more darwinistic, the upside as far as immigration goes, is that people are thrust into the workforce and out into society because they have no other choice.

    That doesn’t happen in Europe, due to a very different social welfare and government assistance structure. The immigration pathways, legal and illegal are less clear. People linger in limbo for years, getting paltry handouts from the government, and marginalizing themselves, and being marginalized by the immigration process. It needs to be clearer-cut. You’re legal, with an entitlement to live and work, or you’re illegal, and return to your home country or are removed.

    Comment by Steve
    26.
    October 16, 2009
    9:00 pm

    I do think that opinion A deserves a little more attention all the same Bryan…and ultimately it boils down to the following:
    a) does the human being puts right and wrong before self-preservation ( a question which I guess you’ll have difficulty solving over the course of a few blog entries)?
    b) assuming for arguments sake that he/she does, what is it that makes us side with self-preservation in today’s society.

    As I said before it is firstly an absense of political consciousness and secondly a major absense of contre-pouvoir….our parliamentary democracy informed by social and less social capitalists will never allow us to question our hypocritic policies.

    So in the end I guess the blame lies with capitalism….:)

    Btw Liam, if Doha gets resolved at some stage, CAP (in its most destructive form) will be history some 7-11years later…never say never!!!

    Comment by michaelstrasb
    27.
    October 17, 2009
    2:02 pm

    Bryan
    If someone attacks me and does so in a life threatening manner I am allowed to kill him in order to save my own life. The same goes for any country or society. Ireland, a small country, cannot afford to allow itself to be overrun by aliens of any hue.
    Durban has one whole district run by Nigerians. They are certainly not welcomed by anybody regardless of race. They are into all kinds of crime. I fear it is the same in Ireland.

    Comment by Brian P O Cinneide
    28.
    October 17, 2009
    4:32 pm

    I think the question of whether moral rightness should be put before self-preservation is redundant – doing what is morally right IS an act of selfpreservation.

    If you are fleeing grave danger, it is right that we protect you. If you can and will contribute to our society, it is right that we welcome you to join us. If you will use our resources without giving enough in return, it is not right for us to take you in at the expense of taking resources from our citizens and those legitimate, contributing immigrants who we value as part of our nation.

    Bryan, do you think there is a moral grey area here? I think that to exclude criminals, to assist those who are in dire need of asylum from persecution and to class everybody else as an economic migrant seems the most fair thing to do. Those who are coming here for economic reasons should be assessed in economic terms.

    I can see why it is really complex for officials to assess whether someone is in genuine need of asylum. But assessing people on the basis of what they can contribute economically should be fairly straightforward, whether in Ireland or America, and those who do not meet the criteria must respect the letter of the law.

    Comment by trix
    29.
    October 17, 2009
    5:26 pm

    Bryan- A very interesting discussion.

    The approach apparently taken by the Irish government, while hypocritical, is certainly understandable. It is simply a matter of “us” vs. “them,” or “ours” vs. “theirs.”

    Undocumented Irish in the US are just as illegal as undocumented Mexicans, Dominicans, etc. Of course, with estimates of illegal immigrants in the US ranging from 12 million to 18 million, the concern over illegal immigration is more acute. But I’m not aware of any movement in the US to treat illegal immigrants differently based upon their country of origin, and any attempt to do so would run into legal problems, more specifically the Equal Protection and Due Process clauses of the 14th Amendment.

    Comment by RRB1412
    30.
    October 17, 2009
    5:28 pm

    So, does this mean Barack Obama is going to go to Ireland to help me get a legal status when I immigrate from the US? Or will I have to do all the proper legal steps to make it happen? I do love how yous people keep mention the Africians or Eastern Europeans but not we Yanks.

    Comment by Zaq from the US of A
    31.
    October 17, 2009
    6:53 pm

    michaelstrasb, I hope so , ever since I watched a BBC doc on EU dumping in Africa I’ve had a bee in my bonet about it. These issues are all linked, clearly 3 billion people from the 3rd world cant move west, but at the same time policies in the west are hindering development elsewhere

    Comment by Liam
    32.
    October 18, 2009
    2:32 pm

    ‘Doing what is morally right is an act of self-preservation’…trix

    Perhaps, but I see the question posed by this migration issue as the inverse: Is self preservation morally justified? The answer, in my opinion is, a vehement yes but ONLY IF we do not then seek to prevent others from doing likewise for their self-p.

    Bryan’s puzzlement, I believe, come exactly from this; from the fact that we treat immigrants harsly while demanding exceptional treatment for our undocumented in the US. It is not a question of open borders but of consistent practise based on sound principles. In the absence of this consistency, we intentionally seek to undermine another state’s immigration policies ( a country which has on the whole been fair to migrants). I this case our self-preservation argument becomes morally redundant.

    Liam;
    I agree but look closer at the problem of subsidies and you see the same double standards as exist in relation to immigration: we are allowed to protect our markets with subsidies but demand that developing countries open their markets and abolish their subsidies!!!
    Again no consistency.

    Comment by michaelstrasb
    33.
    October 18, 2009
    11:15 pm

    Michaelstrasb wrote: “Bryan’s puzzlement, I believe, come exactly from this; from the fact that we treat immigrants harsly while demanding exceptional treatment for our undocumented in the US. It is not a question of open borders but of consistent practise based on sound principles. In the absence of this consistency, we intentionally seek to undermine another state’s immigration policies ( a country which has on the whole been fair to migrants). I this case our self-preservation argument becomes morally redundant.”

    Michael, is this statement factually correct? I disagree with you because I don’t believe it is.

    Who is demanding exceptional treatment for Irish citizens working illegally in the US? Me? You? Who is exactly? Did Micheál Martin go to the US to push this point or was he sent? Ask yourself that. If he was sent, then who sent him? Was there a march up O’Connell street by concerned parents of Irish kids working illegally in bars in the Bronx? Was there a letter handed in with thousands of signatures demanding that the Irish government do something? Please correct me if I’m wrong, but I don’t think anything like that happened at all.

    Martin went to the US to throw shapes in order to fish for Irish votes. He wasn’t sent by The Plain People of Ireland. Not by you, by me, and I’m sure not by anybody else you know. So I don’t think it’s correct at all to say that “We” are demanding one class of treatment for Irish people going illegal in the US while dealing harshly with immigrants on our own soil. Not to mention trying to undermine US immigration law. I don’t think that’s happening either, for the same reasons. Besides – immigrants in Ireland are treated a hell of a lot better than they would be in a lot of other places. Some parts of the system are unfair, but that’s the nature of the beast, and since there’s less stigma about discussing the topic these days, these problems might actually get addressed, and our system made more transparent, fair and honest.

    I’m just not with you on that one, Michael.

    Comment by Steve
    34.
    October 19, 2009
    5:56 am

    Trix it is not a question of putting moral rightness before self-preservation in the decision but in the thought sequence leading to a decision. The thought process should run like this.

    1. Are there any circumstances in which a foreigner/alien should be allowed to live in another country legally? illegally?

    2. Are there any circumstances in which a foreign country should invite a foreigner (alien) to live in it’s territory legally/ illegally?

    3. Are there any circumtstances in which it is morally right that a foreigner though “an illegal immigrant” in another country remains there?

    Once you lay out the answers to the above questions then look at them in the light of economics, cultural identity, diversity, etc.etc.

    What worries me about the above thread is that it takes off and remains at the second level of reflection and even when Bryan in his comment above and i (with my urinating around the garden take) try to bring it down from that level to the moral starting point there are no takers.

    Frankly I don’t give a damn about the language per se (“undocumented”, “illegal “, “asylum seekers”). But I would like to make the language used force me to ask questions of myself as to how I “morally” view people defined by the above terms. I think this is what partly Bryan was getting at.

    But the above thread moves around law, history, economics, and God knows what.

    Start again: Over and above law, economics, self-preservation etc what do you think/feel about the moral right of the undocumented/illegal/asylum seeker to be in that position in Ireland or an Irish person to be in that position in the USA?

    If I meet an illegal immigrant in my local pub tonight in Bangkok how should I MORALLY view his/her status?

    And to use Bryans phrase how should the “collective conscience” in Ireland morally view illegal immigrants.

    Before you jump in and say the law is the law and it does’nt matter how we morally view let me say it does.
    The Ceann Comhairle did not break the law but the majority viewed what he did as wrong. People are able to make these distinctions and they do.

    Or another example. I know it it is illegal for an 18 year old to have sex with a 17 year old in ireland (or is is a 17 with a 16 ….i don’t know the age of consent anymore!!!). Frankly I am not sure it is immoral.

    So what do we get when we apply our moral eyesight to the asylum seeker/undocumented/ guy walking down the street?

    Then AFTER that lets talk about how to deal with them in the light of the law, economics, etc.

    Looked at this way you will have to talk much more about where the illegal/undocumented came from than where they are, which is totally missing from the above thread. And thats why the moral dimension broadens the base on which we build the decision and thus makes the final decision a better one.

    Patrick

    Bangkok

    Comment by Patrick Hennessy
    35.
    October 19, 2009
    9:50 am

    I see your point Steve but you seem to give the impression that one can seperate government action from the will of the people quite easily.

    Firstly there is a massive irish lobby in the US (fact) and this lobby is certainly supported within many households in ireland (opinion; no stats to back this one up)

    More importantly when the Irish Minister for Foreign Affairs supports this lobby, he does so on behalf of the State; the same state which is dragging its feet in relation to its own immigration policies and the same government which was reelected time and again by the Irish people.

    We, refers to the Irish state/Government as the representatives of the people, especially in foreign affairs. Even if the Bush administration were responsible for the Iraq war, the US people were automatically associated with the action of their goverment as evidenced by anti-americanism in Europe for example.
    (not drawing a comparisson in terms of actions but I imagine you see my point)

    Comment by michaelstrasb
    36.
    October 19, 2009
    9:51 am

    Bryan,
    One of the reasons there has not been an open debate on immigration in Ireland is because if anyone says they are in favour of restrictions they are accused of being racist. Check out the Irish Born child citizen referendum a few years ago.
    The mainstream media is also very liberal, and won’t go near immigration issues, except for a few columnists like Kevin Myers.
    And big business is in favour of immigration, after all whose going to live in all those apartment blocks?

    Because despite what anyone says we have an open immigration policy. If you can make it into the country from outside the EU, odds are you get to stay. Despite the fact that there is an impression we have a harsh immigration policy, we only deport a few dozen each year. People will say that they have a tough time with bureaucracy and officialdom, but the reality is we hardly ever grab anyone and send them home.

    And as far as debating the rights and wrongs of immigration, looking at the French and UK experiences should show us the danger with unrestricted immigration.

    The European country with the most liberal policy towards refugees is Sweden. They have been trying to do the morally right thing for the last 30 years. But they are now in a position where at least half of their crime is perpetrated by immigrants or their children. Malmo will have a Muslim majority in a decade. And they are now the official rape capital of Europe!!

    Comment by P
    37.
    October 19, 2009
    11:13 am

    The argument breaks down into a praxalogical (objective/self evident) basis for developing rules against utilitarian arguments. I think everyone would agree in theory that everyone has a fundamental right to life liberty and property rights however given that these fundamental rights are curtailed by the State to various degrees one is left with utilitarian logic , so we are left with the decision, does allowing x number of immigrants into the country increase the wealth of the society as a whole? As it’s a moving target there is a large grey area in the centre to be debated based on the various belief systems and agendas of those involved. There would appear to be a problem when in debates one selectively pulls moral arguments to make a point but will ignore the full implications of them when convenient.
    Bryan said earlier that a bad law is no law , the problem here by who’s definition? I could put a case together that most laws are bad laws, drugs laws break the principle of liberty, taxation diminishes property rights and immigration laws reduce freedom too. But as society as opted for utilitarianism then we are constantly trying to put order on a bag of cats

    Comment by Liam
    38.
    October 19, 2009
    1:39 pm

    Michaelstrasb wrote “(a lot of stuff)”

    I do see your points Michael but I’m still stuck with my perspective in terms of Michael Martin going vote-fishing to the US. I’m well aware of the Irish lobby in Washington, but – these people are Americans. Dual citizens, some of them, but you can’t affect an American election if you’re not a voter. And you can’t vote in America if you’re not a citizen. Irish illegal aliens that get caught out are very often put on the next plane home. I have a couple of acquaintances who had that happen. My point is that Irish illegal aliens don’t have much political power, but their families back in Ireland are Irish voters and I don’t believe they have a lot to do with American elections. Martin was putting on a show for these, to pander to his Irish voter base. I would still argue that he was not making a statement that reflected public opinion.

    It IS possible to separate the actions of an elected represenatative from the voter if he’s doing something that wasn’t put to a vote, and isn’t part of stated policy. I know that not every single governmental action can be put to a referendum, but this Irish-in-America thing… I’ve seen it before every few years, and it’s a real dog-and-pony show. His actions are not a direct reflection of public opinion. If you took a survey of Irish people’s attitudes towards illegal aliens in America, you’d possibly find a very mixed bag of opinions, but no overarching one. And that would be me stating opinion, but not fact :)

    I understand the phenomonon of the average American being condemned for the actions of the Bush government by angry Europeans – but those angry Europeans would be halfwits, wouldn’t they? Ultra-opinionated students, middle-aged yank bashers, or other types who want to burnish their political-correctness badges by picking on the biggest, easiest target. I refuse to lump myself in with non-thinkers like that by generalizing in that way, or by ascribing powers of speech to politicians that I don’t believe they actually have.

    These days, elected representatives tend to gain office by the slimmest of margins, usually ushered into office by half of a disinterested electorate. I don’t think any elected represenative can be said to speak (in absolute terms anyway) on behalf of his electorate anymore.

    Ask yourself this, since I’m talking about another elected representative – does Ahmadinejad speak for every Iranian? When he denies the holocaust, or his government suggests that the Mossad shot that girl, the protestor who was in all the videos – do these utterances reflect Iranian opinion? Of course not.

    When Blair involved the UK in the Iraq war, did he do so on behalf of the British voter? I would venture to suggest he did not. There was absolute uproar over that.

    I apologise if I come off as cynical. But I am – especially as regards Irish politicians. I think they’re the worst shower of liars, thieves and manipulators, largely because we’ve been letting them get away with it. I don’t believe that any of them at this point, at least those in government, speak for any Irishman. And I think that we in the West have become jaded by the democratic process, are taking it for granted, and are letting politicians run amok.

    Comment by Steve
    39.
    October 19, 2009
    2:08 pm

    Liam, I’m generally in agreement. Oops, there I go, generalising :)

    Only Christ was able to feed the five thousand with five loaves and two fish. But if you’re in the business of actually implementing plans like this, you have to be pragmatic and do resource management. That involves making very hard choices sometimes. Sooner or later you’re going to run out of resources or run out of funding if you don’t limit your scope. These things are usually boiled down to money. and morals don’t often have a lot to do with money.

    Comment by Steve
    40.
    October 19, 2009
    3:04 pm

    Steve-“Sooner or later you’re going to run out of resources or run out of funding if you don’t limit your scope. These things are usually boiled down to money. and morals don’t often have a lot to do with money.”

    That’s a good title for a leaving cert essay choice ;-) Individuals can make moral decisions with their resources , can a State make a moral decision by coercively extracting money from Peter and giving it to Paul? Moral choices and coercion don’t go hand in hand.

    Comment by Liam
    41.
    October 19, 2009
    7:23 pm

    Steve wrote ‘I don’t believe that any of them…speak for the any irishman’

    Forgive me Steve but that is absolute nonsense…yes it’s opinion but it is sure as hell pretty weak or at the least a massive exageration.

    I get pretty sick of people do nothing but complain about how bad our politicians are…for God sake their either the best we have, the best we could come up with or the best of a bad lot.

    Either way, they are but a reflection of the electorate and irish people, cronyism, swindling etc…

    You’re example of Ahmedinejad, Blair and my own of Bush, serve to show the weaknesses of current democratic processes.
    But that doesn’t change the fact that Blair and Bush’s policies, even if contrary to the wishes of a large percentage of their respective people’s, are still to be attributed to their state and in the way by which the US and British people did not prevent them from doing so, their peoples also.

    Coercively extracting money…is that true? Surely a social contract is the basis of the taxation system and by agreeing to a certain government, to our constitution etc we become party to that agreement. This is not coercian.

    Comment by michaelstrasb
    42.
    October 20, 2009
    3:33 am

    Michaelstrasb wrote “Forgive me Steve but that is absolute nonsense…yes it’s opinion but it is sure as hell pretty weak or at the least a massive exaggeration.”

    It’s the latter, Michael, thank you. I should have written: “I don’t believe that any of them at this point, at least those in government, speak for every Irishman”. I get caught up in how members of my own family are suffering from Irish governmental mismanagement, and it gets me a bit upset.

    However – I think the rest of my post stands. In terms of the US & UK led invasion of Iraq – how exactly could the average British or American voter (and remember, none of this was put to a vote) have prevented this from happening? Seriously. It was decided that Iraq would be attacked a long time before it happened. 911 was a great excuse to get people to buy into the idea, except it didn’t work. America and the UK were very split. But nobody voted on it.

    Irish people can be held accountable for Ireland’s acceptance of Lisbon, since that was put to a vote. The people chose, for better or for worse. But would it also be correct to say that Irish people are financially inept because of the government’s NAMA project? Of course not. Who came up with NAMA? Who voted on it? Nobody. Logically the two things just don’t connect for me.

    I would suggest that the failure of democracy that this illustrates is that perhaps a direct democracy system like in Switzerland could be fairer, or at least more representative of public will.

    Comment by Steve
    43.
    October 20, 2009
    6:19 am

    I think all so called asylum seekers should have to live beside polititions then then mightnt be so keen to have them here. Also Africans r deliberatley bypassing other countries to come here because they know they will be housed and get benefits and look at the amount of crime committed by them? Our prisons are filling up with foreigners

    Comment by chris
    44.
    October 20, 2009
    9:29 am

    What does social contract mean though? Clearly society is not run on a “all for one and one for all basis” and how can a contract be compulsory? It ends up being one on those empty statements along the lines of calling former E Germany a democratic republic. Once the state is up and running it takes on its own momentum and serves its own purposes. Constitutions tend not to limit the power of gov. very well as they have the legal right to tax up to 100% and to borrow til the country goes bankrupt.

    Comment by Liam
    45.
    October 20, 2009
    12:26 pm

    I’m puzzled again. I was going to say that I’m even more puzzled, but I’m less so with respect to the initial discussion. What’s puzzling me, based on a lot of the comments here, is the seeming inability to distinguish between self-interest, the state of the economy, risk to individual’s economic well being, and right and wrong. So much so, that I’ve gone off and written an entire post on this new puzzling state of things. The new post is titled Behind a veil of ignorance.

    Comment by Bryan
    46.
    October 20, 2009
    1:12 pm

    Sorry Bryan, but I’m just not with you on this one. Michael Martin wasn’t sent to Ireland by the Irish voter, and didn’t make his statements at their request. The statements you see on this blog, for better or for worse, ARE the opinions of the Irish voter. Some of them anyway. There’s no conflict here. I would suggest that this is, with all due respect, a controversy you have invented…

    Comment by Steve
    47.
    October 20, 2009
    1:17 pm

    Great news Bryan…Rawls is an interesting but difficult read.

    Steve I agree on the need for a much more participatory democracy though I know Liam is not convinced. But I also think that this very criticism means that we have, under the current system, entrusted government with the power to decide on our behalf. Even if we didn’t vote for them, we give them this power through our participation in or acceptance of the current democratic model.

    Liam, a discussion on Social Contract could take a while and will likely feature on the Rawls post…….I think that again, by our acceptance of a constitution which obliges the government to respect fundamental rights and to achieve the directive principles of social policy through their work, we have accepted the broad tenets of the social contract. Of course I see the shallowness of this argument in light of govt policy in the construction sector etc but then again I would blame that on the fact that the govt disregards those principles and breaks the contract on a regular basis.

    Comment by michaelstrasb
    48.
    October 20, 2009
    2:39 pm

    Steve – but I’m responding to comments which you say are the opinions of the Irish voter. How have I created a controversy?

    Michael – Thanks Michael. I went so far as to buy my own copy of A Theory of Justice in the hope that one day, I might understand a bit more of it. Have you read Political Liberalism? Is it worth the time and energy investment?

    Comment by Bryan
    49.
    October 20, 2009
    3:14 pm

    Bryan wrote: “Steve – but I’m responding to comments which you say are the opinions of the Irish voter. How have I created a controversy?”

    By controversy I mean the apparent discord in opinion between what Michael Martin is referring to in terms of “undocumented Irish” on the one hand and foreign “illegal aliens” in Ireland. The issue has been raised here referring to how hypocritical this is.

    My point is that posts on this blog are much more representative of the actual opinions held by Irish voters, than are the cynical utterances of a Michael Martin. The posts here are the actual opinions of Irish voters for the large part. Michael Martin’s “undocumented Irish” statements are not. They’re an exercise to fish for votes for his Party. So I don’t see the hypocrisy.

    Comment by Steve
    50.
    October 20, 2009
    3:53 pm

    People don’t want mass immigration from Nigeria because, in line with all cliches about Nigerians, they are overrepresented here both in Prison and Social Welfare payments.

    Kevin Myers did an article based on CSO statistics – at the height of the boom only 38% of nigerians over the age of 15 were working.
    The equivalent figure for Poles ? 84%.

    As for illegals in the states, if the yanks want to do us a favour due to our shared history, thats great, but we should be in no way influenced in making our own immigration policy.

    You simply cannot offer the benefits of a welfare state – free housing, dole, free medical, childrens allowance to everyone who fancies leaving the 3rd world.

    Comment by John
    51.
    October 20, 2009
    9:59 pm

    No have only tackled Theory of Justice and even at that I was focussing on prioritization in human rights…basic = more important!

    Comment by michaelstrasb
    52.
    October 21, 2009
    12:22 pm

    Steve – the hypocrisy stems from the fact that you don’t see demonstrators outside Martin’s office demanding that he stop encouraging a ’soft touch’ on illegal immigrants. You don’t have over 70s medical card like protests at the fact that he is trying to work something out for Irish people in the US illegally. If he were to entertain a Nigerian diplomat on tv doing exactly the same thing for votes back in Nigeria, there would be an uproar. If a John McCain type of Irish law-maker were to suggest anything remotely resembling a work visa program for Nigerians, you would probably have those protests.

    That’s hypocritical, isn’t it?

    John – I was going to engage you on the Nigerians in prison or working thing, but I’m tired. Instead, let’s forget the Nigerians and focus on the Batswana. Just about every person from Botswana in Ireland is a doctor, student or relative of one of the two. That’s because many Batswana come here for medical training and most stay on for at least a few tears years. There may be a handful of ‘illegal’ Batswana in Ireland. The arguments I’ve raised would apply to them, Indians, and most other non-white immigrant groups.

    Michael – the more I learn about other theories of justice, the more attractive Rawls looks. One of the big things in his favour is that focus on rights. I admire his desire to have basic rights established at the outset before things like distribution are entertained.

    Comment by Bryan
    53.
    October 21, 2009
    2:19 pm

    The problem with having an amnesty is that it will encourage other 3rd world immigrants to come over & sit it out waiting for the next one.

    What we need is a system whereby we decide which professionals are needed here & draw up a points system. What we don’t need is to open our borders to billions of economic migrants from the 3rd world.

    As for Nigerians & their claims of persecution, the incident that will stay with me is the action of the nigerian mayor of portlaoise – who came to Ireland claiming that he was in fear of his life in Nigeria. First action on being elected ? To fly home to Nigeria to a heros welcome.

    We have had unprecented immigration over the past decade. To argue that this tiny country with its economic meltdown should be taking more 3rd world economic immigrants is totally unrealistic. I find it disappointing that we would be accused of hypocrisy given the scale of immigration. I would be interested to know which countries you believe live up to your high moral standard ? Any African countries at all ? China ? US ? UK ?

    Comment by John
    54.
    October 21, 2009
    3:10 pm

    Hi Bryan,
    Thanks for the interesting debate, you must be sick of these immigration debates by now!

    And it also unfortunate that highly skilled immigrants like yourself are being tarred with the same brush as the fake asylum seekers.

    Anyway to add to that last piece, about the hypocrisy and protests about illegal immigrants, the only protests I can recall are those against deportations of illegal immigrants!!

    There have been dozens of protests outside the dail against deportations, remember the one a few years ago where the Justice Minister brought back a Nigerian leaving cert student after street protests, who then used the usual loophole to allow himself to stay!!

    Also I can recall one where a Nigerian girl claimed she was afraid of being stoned to death back in her home town in Nigeria, but a journalist looked up her story and found that no-one had ever been stoned to death there, she promptly disappeared when it turned out she had a false name, leaving her supporters looking like mugs!

    And we had a case last year when a deportation back to China of recently released prisoners, including a convicted murderer, was protested by the Residents against Racism lads!!

    Comment by P
    55.
    October 21, 2009
    5:59 pm

    Bryan wrote: “Steve – the hypocrisy stems from the fact that you don’t see demonstrators outside Martin’s office demanding that he stop encouraging a ’soft touch’ on illegal immigrants. You don’t have over 70s medical card like protests at the fact that he is trying to work something out for Irish people in the US illegally. If he were to entertain a Nigerian diplomat on tv doing exactly the same thing for votes back in Nigeria, there would be an uproar. If a John McCain type of Irish law-maker were to suggest anything remotely resembling a work visa program for Nigerians, you would probably have those protests.

    That’s hypocritical, isn’t it?”

    I don’t think so, Bryan. I think you’re reaching, to be honest. Some kind of amnesty for Irish illegal aliens in America isn’t something that affects that vast, vast majority of people in Ireland. Whereas cutbacks on services for the elderly, college fees, and the like actually gets people interested since everybody’s broke and worried about who’s running the country. I would venture to suggest that most people in Ireland don’t care about bar staff and construction workers getting paid under the table in America, after going there on a holiday visa. Especially since the numbers of people doing that is much reduced of late. You’re talking about a minority of a minority of people who are involved in that. It’s no longer lucrative, and it’s very risky and I think most people know that. I think it’s an issue that is not even on people’s radar, for the most part. Whereas clarifying the immigration system at home IS an issue, especially since the State is broke, the economy has almost totally collapsed, and unemployment is at 14% or something. I don’t think this constitutes having two conflicting moral opinions on the same or a related subject.

    If Michael Martin were to advocate an amnesty for Polish and Nigerian illegal aliens in Ireland, and you had marches in protest at only the Nigerians, well then you would have the hypocrisy of which you speak. Or, if Martin were to actually ask Irish voters to approve Irish illegal aliens in America (assuming it was even up to us) along with the Nigerians in Ireland, and they voted Yes for 1 and No for 2 – then you would also have struck gold.

    But I don’t think that’s happening. I think people are going to read about Martin’s plaintive cries for the Undocumented Irish and respond with either:
    1- “Yeah whatever, now, will I still have a job next month?”
    or
    2- “Ya know, my taxes probably paid for that trip….”

    Comment by Steve
    56.
    February 21, 2010
    2:05 pm

    Still the same old Bigots, Ignorants, unexposed and uneducated. Bryan is not even a Nigerian. 11,000 Irishmen & women lives in Nigeria at the moment and majority works in Nigerian’s owned companies earning high wages & living the high lives, they will be very dissappointed to read comments like these from Ignorant brothers and Sisters from Home.

    Comment by T.O

    Comments on this article are now closed.


Search outsidein