UNDOCUMENTED IRISH PEOPLE living in the US are not attending routine meetings with immigration enforcement agents out of fear that they may be deported.

Many believe that they can “disappear back into the economy” where they have been evading deportation for years. Others avoid meeting with immigration officials on advice from their solicitor.

This is according to two Irish-American lawyers who assist Irish-born people who are living in the US.

The lawyers told The Journal that these meetings with the Immigration and Customs Enforcement (ICE) agency are typically described to attendants as being informal, but can have serious outcomes.

According to Brian O’Dwyer, a veteran Irish-American lawyer and a well-known immigration activist, there have been people who attend the ‘routine’ meetings “and have the handcuffs put on them” immediately.

However, if someone doesn’t turn up to the meeting, a warrant can be issued for them and eventually, ICE agents can obtain a court-ordered deportation notice. 

The O’Dwyer & Bernstein lawyer in New York said the meetings are currently viewed as a legal “grey area”. Some Irish people try to avoid them and blend away into the workforce or informal economy, he said. 

Most undocumented Irish people living in the US have overstayed a visa and are considered ‘low-hanging fruit’ by ICE officials, it is understood.

These visa overstayers are not entitled to appear before a judge if detained by immigration officers, and typically are deported within days. The group commonly come to ICE’s attention after being ticketed by police for minor traffic infractions.

Boston-based Irish-American immigration lawyer John Foley told The Journal: “I wouldn’t encourage any individual to speak to ICE without first speaking to a lawyer.”

Foley, who is representing a Donegal man facing deportation despite waiting three years for a green card application, said even if people discuss their meetings with a lawyer, they are not guaranteed their desired outcome. 

According to the Legal Aid Society in New York, ICE agents require immigrants to appear for regular appointments to confirm that they are still living at the same location and that they are not a security risk.

“It is important to show up to your ICE appointments,” their website says. “If you miss an appointment, ICE may try to detain you.”

O’Dwyer said the detention process amounts to “deliberate cruelty” and that some people are picked up and “put into a centre for days on end”. Many people who have been detained by ICE have reportedly not had access to counsel either.

The lawyer said there was “no question” that the manner in which ICE is detaining people is an attempt to intimidate people before deporting them. He said that many Irish citizens facing deportation are “keeping it quiet” in hopes that they can return again.

O’Dwyer said there is no evidence to suggest that there have been any diplomatic communications between the US and Ireland, as there have been in the past, that seek to minimise the deportation of undocumented Irish people in the US.

“I’m unaware of what the Trump administration has done that would give any satisfaction to Irish people,” O’Dwyer said, adding that ICE does not seem to have a “preference” for who faces deportation.

Speaking to The Journal previously, Foley said he had his request for his client’s release under 24/7 monitoring with an ankle bracelet rejected, without hesitation. He said there was “no flexibility” from the ICE officials.

He noted that agents had been willing to compromise before the second Trump administration.

Foley said fear of deportation is growing among Irish immigrants and other diasporas in the US.

Since January, the Trump administration has intensified immigration enforcement, carrying out widespread arrests at immigration courts across the US. Over 70,000 people have been detained and deported since Trump took office in January.

Increased deportations have impacted many Irish nationals living in the US, sparking concern among communities and advocacy groups about family separations and legal rights.

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