Call to Action Malachy McAllister

Friday, November 22, 2019

Brothers:

Our Hibernian oath commits us that “If a brother should be defamed, or be treated unjustly, I will espouse his cause, give him the earliest possible advice and aid him when in distress.” Currently, Brother Malachy McAllister and members of his family are in distress. Brother McAllister entered this country legally over twenty years ago and applied for asylum after loyalist paramilitants sprayed his home with submachine gun fire, narrowly missing his children and mother-in-law. Malachy’s application for asylum was denied on the basis that during his youth he was incarcerated in Northern Ireland for his activities during the Troubles; activities for which he server his full sentence and was released early for good behavior. During his two decades in the United States, Malachy has complied with all U.S. law, started two successful job-producing businesses, and, due to the untimely death of his first wife, raised two families with children and grandchildren who are American citizens.

Throughout Malachy’s asylum and appeals process, Judges have noted, that while constrained by the law in their rulings, their belief that current law did not anticipate a scenario such as the McAllister family. This frustration was most eloquently articulated by Judge Maryann Trump Barry, the presidents sister, who in her ruling stated:

“It simply should not be that, particularly in circumstances such as those we now have before us, the individual and his individuality are largely, if not entirely, irrelevant, lost in a sea of dispositive definitions and harsh and complex laws. And 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.”

Under current law, Thomas Francis Meager and John Boyle O’Reilly would had been denied asylum as would anyone who participated in the Hungarian Revolution or Prague Spring under Soviet rule. There is currently bipartisan legislation before both houses of Congress to address the unforeseen circumstance of the McAllister family in current law. We ask you brothers to take 5 minutes to help another Brother by calling the White House switchboard asking President Trump to hear his sister’s call and stay the deportation of the McAllister family until the legislative process has had a chance to work.

In our Motto,

James F. McKay
National President

Please call the White House Switchboard
(202) 456 1414
or (202) 456-1111

Call should take no more than 5 minutes including hold time
Switchboard is answered by Volunteers so please be patient and courteous yet clear.

“I am calling to urge President Trump to instruct Homeland Security to issue a Stay of Deportation for Malachy McAllister, before his scheduled date of deportation, Friday, November 29, 2019.”

“In 2006, President Trump’s sister, Judge Maryanne Barry, implored the Attorney General to allow Malachy and his family to stay here.” There is currently bipartisan legislation in both houses of Congress to provide relief to the McAllister family.

“I join our National President Judge James McKay, and our 40,000 members of the Ancient Order of Hibernians, America’s largest Irish organization, and fellow Irish Americans in standing up for Malachy McAllister, a law-abiding father, and grandfather of US-born children, a job creator and brave advocate for the Irish Peace Process. I ask that President Trump issue a stay of his 11/29 deportation”

November 19, 2019

The Honorable Donald J. Trump
President of the United States
The White House
1600 Pennsylvania Ave, NW
Washington, DC 20505

Dear Mr. President:

I write to you as the National President of the Ancient of Hibernians, with 60,000 members in all fifty states, the largest Irish American organization in the country, to request a stay of deportations for one of our members Malachy McAllister and his family.

Mr. McAllister’s situation was eloquently summarized by your sister, Judge Maryanne Trump-Barry, in issuing her opinion in the case McAllister v. Atty. Gen, 444 F.3d 178 in which she made an unprecedented appeal to the Attorney General:

“It simply should not be that, particularly in circumstances such as those we now have before us, the individual and his individuality are largely, if not entirely, irrelevant, lost in a sea of dispositive definitions and harsh and complex laws. And 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.”

Mr. McAllister has never denied that he served time in a Northern Ireland prison for actions he took as a youth during the “the Troubles” some 36 years ago. Mr. McAllister fully discharged his obligation under the presiding judicial system, being released early due to his good behavior. Shortly thereafter, Loyalist paramilitaries sprayed his family’s home with automatic weapons fire, barely missing his young children and mother-in-law. Mr. McAllister and his family fled Belfast and came to the United States seeking the promise of refuge from the persecution and violence that America has traditionally offered the oppressed. During his time in the United States, Mr. McAllister has complied with all U.S. law, started two successful job-producing businesses, and, due to the untimely death of his first wife, has raised two families with children and grandchildren who are American citizens.

Throughout Mr. McAllister’s asylum application and appeal, eminent jurists such as Judge Trump-Barry have observed that justice in the case of Mr. McAllister is being sacrificed on the altar of the law. While denying Mr. McAllister’s asylum request, Judge Henry S. Dogin characterized the attack on the McAllister home as “the most striking and blatant act of persecution, and the one that undoubtedly stands on its own as evidence of past persecution.”

The case of Malachy McAllister is indeed a case of justice being “lost in a sea of dispositive definitions.” It is for this reason the McAllister case has achieved what has sadly become an all too rare occurrence in our current government: bipartisan and bicameral consensus to rectify a case where the law does not represent justice. There is currently legislation in both houses of Congress to provide relief to the McAllister family.

We ask your assistance President, as our nation’s Chief Executive, to provide the space needed for the legislative process to work in the cause of justice by issuing an order staying the deportation of Malachy McAllister.

Sincerely;

Judge James F. McKay III
National President, Ancient Order of Hibernians in America