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Malachy McAllister battling for an American life

Malachy McAllister has been here before. All too many times. One again the Belfast man is looking at America’s door with the big exit sign over it.

Once again he is battling to remain inside that door. Many are battling with him.

The McAllister case could have been settled years ago.

That is hasn’t been settled in McAllister’s favor, in his family’s favor, is not for the want of trying.

But the system he has faced is, well, a system.

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And systems don’t always do right by people.

The family’s story goes back to a loyalist gun attack on their Belfast home in the summer of 1988.

The McAllisters knew it was time to gather up the kids and quit town. They fled first to Canada where their later subsequent application for asylum and refugee status was eventually turned down.

Canada let itself down in this instance.

In March, 1996, the McAllisters, Malachy, Bernadette and their four children, entered the U.S. through the border checkpoint at Niagara Falls. They were admitted as “nonimmigrant visitors for pleasure” but overstayed their visas.

A year later, after settling New Jersey, the family applied for political asylum.

And so began a marathon legal process that has lasted more than twenty years.

Along the way, in 2004, Bernadette died. She did so on U.S. ground, but still absent the warm official embrace of a country long seen as a refuge from danger and oppression by people around the world.

Malachy was now standing in his very own front line. One of his sons eventually returned to Ireland. Another married and becomes a legal U.S. resident. Another son, and his daughter, stand in that line with Malachy now.

Over the years Malachy has been required by U.S. authorities to walk again and again up to the line beyond which there is deportation and no return.

Time and again, by virtue of efforts of sympathetic political leaders and engaged Irish American organizations, he has been able to step back from the line.

But the line is always there. It is looming large again as Malachy now faces another order to report for deportation on the day after Thanksgiving, November 29.

This is a repeat of what happened six months ago. McAllister secured yet another six month reprieve. Those months are now passed.

Along the way a number of judges have heard the details of McAllister’s case, and that of his family.

One judge, President Trump’s sister, now retired 3rd Circuit Court of Appeals Judge Maryanne Trump Barry stated: “We cannot be the country we should be if, because of the tragic events of September 11th, we knee-jerk remove decent men and women merely because they may have erred at one point in their lives. We should look a little closer; we should care a little more. I would ask – no, I would implore – the Attorney General to exercise his discretion and permit this deserving family to stay.”

Trump Barry added: “Congress’s definition of terrorist activity sweeps in not only the big guy, but also the little guy who poses no risk to anyone. It sweeps in Malachy McAllister (and) Malachy’s children, Seán and Nicola, are swept in, too.”

Trump Barry aid that were the McAllister family deported, it would mean the words carved on the Statue of Liberty would no longer mean anything.

“I refuse to believe that ‘Give me your tired, your poor, your huddled masses yearning to breathe free’ is now an empty entreaty, but if it is, shame on us,” she said.

Shame on us indeed.

Of course, those fabled words have lately come under attack and the idea of America as a place of refuge has been sorely tested.

Malachy McAllister, who now has a partner and an American citizen son, is staring at the door with the exit sign again.

The power to close that door and switch off the sign rests with the U.S. government, specifically the Department of Homeland Security which, by this stage, has to be aware that this Belfast man in search of a new American homeland poses no security threat whatsoever to that homeland.

This could be a simple open and shut case in every sense. But, as always, there’s that system.