Prominent Limerick solicitor highlights crackdown on deportations locally

A PROMINENT Limerick solicitor has seen a big rise in recent weeks of deportation orders concerning foreign nationals with long work histories in Ireland.

Sarah Ryan has received an  increase in calls from worried employers, with one staff member being arrested at a building site and transported to Limerick Prison. 

Two business owners, who spoke to the Leader, asked why foreign nationals that are working and paying taxes are being targeted, compared to those who have criminal records or live off benefits.

They say that the employees are paid “through the books”, contribute to the economy and that they find it very difficult to get Irish staff. One of the employers is in the construction industry, the other in hospitality.

Ms Ryan (pictured) said one construction worker was detained by gardai from the immigration office, while he was pouring concrete, and lodged in Limerick Prison.

“The immediate imprisonment, without notice of someone working in a small business causes upheaval for the business owner, and work of the business, and is exceptionally distressing for the person detained.  

“Business owners talk about the reality for their staff, whom they know, trust and rely on, and the survival of their businesses where a key member of staff is removed, and lodged in a prison,” said Ms Ryan, who has noticed the crackdown in recent weeks.

She said the Department of Justice has issued deportation orders for people who are not involved in criminality, and have long work records in Ireland.

“It is possible to be lodged in a prison only because the Department of Justice has signed a deportation order, and this can happen even where the person was  given a permission to work while the application was going on. 

“The gardai with the immigration office cannot be faulted for their work as they are subject to the directions of the Department of Justice. In some cases the person with the permission to work is an experienced labourer in their line of work, and a good worker but now is in Limerick Prison,” said Ms Ryan, who is endeavouring to fight these cases.

The boss of the man taken to prison spoke to the Leader.

“He is one of the nicest men you'd ever meet. He has worked on my house and my wife was in tears last night at the poor man sitting in a jail cell in Limerick. I would vouch for him 100%.  All he wants to do is work,” said the man, who runs a groundworks company employing around 17/18 people.

He accepted that his employee did have a deportation order but doesn’t know why as he has a clean record, is working and paying taxes.

“If he had committed a crime then fair enough but all he wants to do is work and earn money. Here is (person’s name) who wants to work and he was taken off to prison. It’s not right,” said the employer, who adds that he will be lost without him.

One of the owners of a restaurant in Limerick said one of their chefs has received a deportation order.

“I applied for a work permit for him because he is a really decent guy, never in trouble and a very good worker. They refused the application.

“We advertise non-stop for bar staff, waitresses, kitchen staff but have got no responses. Then there is our chef who is working hard, paying tax, and they want to deport him. There is something wrong,” they said.

Both employers spoke of the detrimental effects of losing key personnel to their small to medium businesses and said they are far from alone.

READ MORE: Talks to be held on opening up bus lane in Limerick city centre

The Leader contacted the Department of Justice with their concerns. 

A spokesperson said they cannot comment on individual cases and does not comment in detail on operational procedures regarding the removal of persons from the State.

“Ireland supports the entry of migrants through legal pathways, to facilitate legal migration into the State and individuals must follow the established legal processes to live and work here. These include arrangements for various categories of persons, including those that wish to work legally in the State.  

“In order to work in Ireland a non-EEA National must hold a valid Employment Permit unless granted an immigration permission which permits employment. The Department of Enterprise, Trade and Employment is responsible for the administration of the Employment Permits system,” said the spokesperson,

A deportation order is a legal order to leave the State, and is issued following an assessment of the person’s circumstances, they said.

“Any person who has been ordered to leave the State and fails to do so is committing a criminal offence, and can be arrested without warrant by An Garda Síochána.

“While there are circumstances in which the Minister may revoke a deportation order, this is considered on a case by case basis and obtaining an offer of employment and making an application for a work permit does not impact the effect or validity of the order.  Any person who is subject to a deportation order does not have permission to be in the State and is not permitted to engage in employment.

“If a person has been ordered to leave the State and fails to do so is committing a criminal offence, and can be arrested without warrant by An Garda Síochána,” concluded the spokesperson.