On September 9th, 1997, the deportation cases against six former Irish political prisoners were suspended as an act of good faith to help push the current peace process in the north of Ireland. In a letter to U.S. Attorney General Janet Reno, Secretary of State Madeline Albright stated, “...the suspension of these cases will present an opportunity for our government to show our commitment to the peace talks which are about to commence in Northern Ireland.”
The suspension drew mostly praise from elected officials. Brooklyn District Attorney Charles Hines stated, “President Clinton deserves praise for his strong leadership on the Irish ‘deportees’ issue which has resulted in a suspension of their removal proceedings.” Representative James Walsh, Chairman of the Friends of Ireland group in Congress, said that the decision offered relief to the families, “especially the kids and the wives, most of whom are Americans who have never lived in the north of Ireland.” Rep. Ben Gilman described the decision as an “act of fundamental kindness to those who have suffered long enough from the Irish Troubles and to families and children in America.”
Although the cases are currently suspended, they have not been dropped which means that they could be re-opened at any time. Gabriel Megahey, one of the deportees, questions the likelihood of this happening. “Throughout this entire process, the State Department has stated that these cases are not politically motivated, that each case is separate and has no baring on the other. How could they possibly use that argument now?”
With the exception of Mr. Megahey, all of the deportees were arrested and convicted of political offenses in the north of Ireland. Because of their political status, they were tried and convicted in what is called the “Diplock Court System”. Under this system the defendant is tried without jury. Among convictions under this system, 94% of those brought to trial are convicted based simply on confessions. The defendant is allowed to be interrogated up to seven days without legal representation in order to obtain this confession. Some of the deportees claimed that they were tortured into confessing. Kevin Crossan attributes his slight stammer to the beatings he received during his interrogation.
The case of Mr. Megahey is different than those of the other deportees. Unlike the other deportees, Megahey was arrested and served his time in the United States.
Born in Belfast , Megahey arrived in the U.S. in 1975 on a visitor’s visa and never returned. He was arrested in 1979 as an illegal and claimed political asylum. From then until 1982, Megahey was under 24 hour surveillance by the F.B.I. when he was finally recorded on video tape making a deal with an F.B.I. agent for surface to air missiles. Mr. Megahey is alleged to have believed the agent was an arms dealer. Within a few days of the deal, Megahey found himself in a Federal Court charged with conspiracy to smuggle arms to the Irish Republican Army. He was convicted and sentenced to seven years in prison. Before sentencing him, Federal Judge Charles Sifton gave Megahey a Judicial Recommendation Against Deportation which at the time could not be overruled.
After his release deportation proceedings began against Megahey immediately. Stating his prior connections with the I.R.A., Immigration Judge Wayne Iskra ruled that Megahey could still be deported. Mr. Megahey’s attorneys feel that Judge Sifton’s prior decision will eventually win out.
Because of the New Immigration Bill and its new rules regarding deportation procedures, the case of the deportees has become increasingly difficult. One of the provisions of this new bill is the ability for prosecutors to present secret evidence to a judge in private chamber during a deportation hearing. The prosecution will be allowed to produce evidence that the defense will never know about. “How do you defend against that,” complains Mr. Megahey. “They could bring in any witness they want, have him say anything, and I’ll never know about it. This goes against everything the constitution supposedly stands for.”
Another concern for Megahey and his family has been the financial burden that his case has inflicted. Besides the $35,000 bond Megahey was released on, his wife Patricia estimates that the case has cost them at least $20,000. This includes enormous phone bills, baby-sitters and airfare for witnesses among other things. “I’m amazed that we’ve been able to stay afloat,” says Patricia, “and it’s not just us. All of the families are going through this. They’re all married with five of them having children. How can this government justify forcing these children to a war zone?”
If Mr. Megahey is deported to the north of Ireland, he believes that his life will be in great danger. Two of his associates were gunned down upon return to the north of Ireland. After his deportation in the late 1980s , Lawrence McNally was shot 59 times by Britain’s Special Air Services , the “elite” unit of the British army. Another associate of Megahey, Liam Ryan, was shot in the head seven times by the British shortly after his return to the north. “If I went back to the north, the Loyalists or the Brits would whack me for sure,” says Megahey.
When asked what he would do if he was returned to the north Megahey stated, “I don’t know. Jesus, I hope that I never have to find out. One thing I do know is if the immigration laws are applied fairly, I will win my case. I don’t want any special treatment. I don’t need any.”
At the end of the interview, Mr. Megahey wanted to express his deep gratitude to everyone who has helped his cause and those of the other deportees. “With the exception of Senator Daniel Patrick Moynihan, every politician who has been approached has been extremely helpful.” Mr. Megahey saved his highest praise for the Irish American community. “They have been steadfast in their commitment to see that justice is done. If it wasn’t for them, we would have been thrown out of here by now.”
