Claran Ferry is nearing the end of his long battle with the Department of Homeland Security (DHS) to resume life with his family in the U.S., and his situation is perilous. 

Irish Americans may be forgiven for believing that he has been arrested and detained for over 20 months for having violated U.S. immigration laws. He has not. The DHS is the only lawbreaker in this matter.

Ciaran was never charged with providing false information relating to his prior convictions upon entry to the U.S. He has been charged with nothing more than having “overstayed” after his permission to remain had expired. However, the DHS is well aware that this charge is entirely bogus.

Like hundreds of thousands of alien overstayers who apply to adjust to green card status based on marriage to a U.S. citizen, Ciaran was in what is known as a “period of lawful presence authorized by the attorney general,” when he was arrested. 

However, unlike every other alien overstayer in similar circumstances, Ciaran was denied a lawful hearing on his green card application, ordered deported and incarcerated without bond.

In blatant disregard of his constitutional right to due process, the DHS has blocked any challenge to its unlawful actions by relying on the fact that Ciaran entered under the visa waiver program (VWP), thereby waiving any right to challenge any DHS decision, even if that decision is unlawful. Surely, however, the VWP was designed to promote tourism, not to deprive immigrants of their rights to a green card if otherwise eligible. 

What is so egregious about the way Ciaran has been treated, is that such green card hearings are granted day and daily to every other similarly situated immigrant except Ciaran. Moreover, the Supreme Court has granted enemy combatants in Guantanamo Bay the right to challenge the legality of their detention. This right has so far been denied to Ciaran at every turn.

President Bush, in an interview with Irish America magazine, responding to a question regarding the Ferry matter, stated, “U.S. law provides many checks and balances to ensure that fair and just results are achieved in all cases. Mr. Ferry is currently availing himself of several of these options.” 

With all due respect to the president, this statement is disingenuous. It is precisely because he has been denied his legal remedies that Ciaran continues to fight so hard for them. 

In the meantime he is deprived of contact visits with his wife and daughter. In fact, the DHS will not even agree to release Ciaran with an electronic ankle bracelet to be with his family for as much as 24 hours. The DHS intends for his punishment to be absolute.

Ciaran could have given up the ghost a long, long time ago, and accepted deportation to Ireland. Instead, he has sacrificed two years of his liberty to establish the right of every VWP immigrant, not just himself, to a green card hearing if otherwise eligible. 

If he loses, then the executive, by means of pure attrition, will have successfully paved the way for the curtailment of civil liberties for hundreds of thousands of immigrants. No one who has entered under the VWP will be safe, least of all those married to U.S. citizens. 

Ciaran Ferry in his battle with the DHS has demonstrated that he clearly understands, much better that anyone in this administration, the meaning of the words inscribed on the Statue of Liberty. 

Eamonn Dornan Smith, Dornan and Dehn, New York.

Che Bertie’s Real Plan

John Spain’s column on “Red” Bertie Ahern in last week’s issue is a great example of how politicians attempt to manipulate the print media into thinking that they are indeed on the side of the little man.

George Walker Bush mentioned something similar in his speech on “Compassionate Conservatism” in the months leading up to his re-election and right after his first term in a paltry attempt to convince the electorate that his buddies in D.C. were going to work hard for the little man, the everyman.

Now across in the Emerald Isle, Bertie is employing a similar tactic in his efforts to shore up the recent trouncing his party received in this summer’s past elections. His interview in The Irish Times is a publicity ploy, a kind of three ringed circus targeted at those disaffected voters of Fianna Fail who are considering voting for socialist parties, Labor, Sinn Fein et al. 

But for Ahern to pretend that his party is socialist is as absurd as James Joyce shouting from the rooftops that he was born in England and insisting that he only wrote romantic tripe in his novels, lest the censor cop on.

Che Bertie has for sure assisted in transforming Ireland’s economy and overseeing massive growth. But if it were not for the returning immigrants, zero corporation taxes and an educated work force, Che may as well have been better off going to Old Trafford seven days a week rather than attending governmental meetings. 

Che Bertie is the smiley face behind a more cuddly, softer and compassionate Fianna Fail in its attempt to re-invent itself in an Ireland embracing political parties that focus on less market driven forces.

A.P. O’Malley, New York.

Keep Illegals Out

In response to the editorial “The Battle for Immigration Reform” in the November 17-23 issue, I would submit the following article originally printed in the News-Enterprise and Garden Grove Journal. As residents of Southern California we know something about undocumented aliens. 

“The proposal by proponents for providing illegal immigrants with driver’s licenses is based on the argument — “Which is more damaging, undocumented immigrants with legal licenses having insurance or suffering an accident with an otherwise uninsured illegal driver?

“Let’s phrase the problem another way. If you lived in a high crime rate area and it was a given somebody would burglarize your home in the next year would you leave the house unlocked so they wouldn’t damage your $2,500 front door gaining entrance? Personally I prefer multiple locks, an intrusion system and a double barrel 12GA shotgun. 

“I appreciate the argument that we’re not going to eliminate illegal immigration anytime in the near future, but the refusal of medical treatment, food subsidies and legal assistance would serve to deter illegal aliens much as my locks, alarm and gun would to a burglar. 

“Issuing driver’s licenses to those here illegally is like putting out cookies and milk for an intruder. One thing I do know is that if (Senator Barbara) Boxer has her way and they get to stay I want them donating to my Social Security check. Personally I don’t think you can support them and me too.” 

Jerry Hoosier. Cypress, California.

Defense Candidates

The Irish Voice reports that Sinn Fein will be a major force in Irish politics during the next five years. It can be anticipated that Sinn Fein will be in line for a cabinet post in the near future. 

Gerry Adams or Martin McGuinness would make ideal candidates for the defense post. Both have major military experience.

Joseph Nolan, New York.

Bring Back Breslin

I enjoyed Tom Deignan’s interview with the great Jimmy Breslin in last week’s issue, but I would hope that Breslin reconsiders his decision to stop writing for Newsday.

His columns on the corrupt politicians and church officials who get away with murder are must-reads. These scoundrels will be less accountable now that Breslin has stopped writing.

John Kelly. West Islip, New York.