WRITTEN QUESTION E-2208/00

by Paulo Casaca (PSE) to the Commission

(3 July 2000)

Subject: Expulsion of European citizens from the USA and Canada

A very large Azorian community lives in the USA and Canada, many of whose members still have Portuguese nationality even though they were born in America.

The 1996 US deportation law provides for automatic expulsion of foreign nationals found guilty of offences ranging from the most serious crimes to minor driving offences. In March, the US Supreme Court ruled that the deportation law may not be applied retroactively to sentences passed prior to 1996. However, this ruling does not deal with the problems faced by people already expelled from the country or those currently serving sentences in North American prisons. Canada's legal provisions are similar to those of the USA.

The Azorian regional authorities have been notified of 307 deportations from the USA and 87 from Canada to the Azores. However, the number of deportations to the Azores may be greater, given that the American authorities do not always notify the Portuguese consular authorities and that they, in turn, do not always notify the Azorian regional authorities.

The press, especially in the Azores and Massachusetts, has reported on the often dramatic implications of such expulsions, including an alarming suicide rate, family separations, people from highly urbanised environments, unable to speak Portuguese, being transferred to small rural communities in the Azores, bearing the shameful stigma of deportation, etc.

On 14 May the Women's Immigrant Support Group held a vigil and protest march against this law in New Bedford, Massachusetts. A number of US Congressmen, such as Representative Barney Frank and Senator Patrick Kennedy, have expressed their opposition to the law.

The Azorian regional authorities are making strenuous efforts to support the deportees, as best they can within their jurisdiction, notably by providing Portuguese language tuition and by promoting training, rehabilitation and social reintegration programmes.

In these circumstances, is the Commission prepared to take action under Article 2 of the Treaty on European Union to deal with the situation facing these European citizens?

Answer given by Mr Patten on behalf of the Commission

(11 September 2000)

The Commission is well aware of the problems related to deportations decided by the United States authorities on the basis of the 1996 Illegal Immigration Reform And Immigration Responsibility Act (IIRAIRA).

The possible negative consequences of the IIRAIRA on Union citizens have been discussed with the Member States at the Consular Affairs working group of the Council and have been raised with the United States government. At a March 2000 meeting, the group was informed by the American Immigration and Naturalisation Service that the legislation on deportation had been drafted with very little margin for flexibility.

Nevertheless, the Member States and the Commission expressed their concerns that IIRAIRA current provisions could lead to inhumane situations not intended by the American legislator. Therefore, the present text of IIRAIRA would need amendments and the Union side urged that the Act should come under review by Congress. The American Presidential elections could delay this review.

In the meanwhile, the Commission has been informed that the Portuguese government had concluded a protocol with the United States containing new procedures to be implemented in cases of deportation of Portuguese nationals.