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Unsafe Haven

Unsafe Haven

Karen McElrath

(2000)

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Abstract

For almost two hundred years the United States has been a safe haven for Irish political prisoners seeking refuge. More recently however the US government has sought deportation, extradition and prosecution to exclude Irish republicans from the country. In the first book to focus on the relationship between these tools of exclusion and US foreign policy, Karen McElrath examines why this change has come about and the extent to which the granting of political asylum in the US is influenced by relations with Britain and other countries.

Karen McElrath questions US government attempts to portray an impartial role in the Irish conflict, arguing that historical and contemporary evidence reveals otherwise. She shows that, far from being a neutral process, the success of bids for political asylum often depends on the relationship between the US and the government of the applicant’s country of origin. Drawing on exclusive interviews with Irish Republicans who have faced deportation or extradition from the United States, or who have been prosecuted in the US for politically-motivated offences, McElrath explores the links between deportation and extradition outcomes and foreign policy issues. The tools of exclusion are defined in their historical context, and the history of US extradition law is described, with particular focus on the treaties with Britain. McElrath also examines the offences for which Irish and Irish-American Republicans have been charged, discusses the various levels of support for Irish political prisoners in the US, and summarises the findings by international human rights organisations.

Table of Contents

Section Title Page Action Price
Contents iii
Acknowledgements iv
Foreword vi
Introduction 1
1History 7
Safe Haven 8
Non-Intervention by the Executive Branch 12
Summary 19
2 Deportation and Other Immigration Controls 21
US Immigration Policies 22
Visitor Visas 25
Refugees and Foreign Policy 27
Political Asylum 28
Recent Struggles for Refuge: Selected Cases 30
Summary 43
3 Extradition 45
Extradition Warrants: 1977 to 1986 45
Amendments to the Political Offence Exception 51
Summary 63
4 Prosecution 65
Selected Cases 66
Other Sources of Weaponry 76
Summary 83
5 Media Caricatures 84
The British Line 85
Images of Ceasefire 88
Media Distortions of the Perpetrators of Violence 92
Media Distortions Relating to the Victims of Violence 96
Summary 98
6 The Facade of Neutrality 101
The Clinton Era 101
Human Rights and Foreign Policy 104
US Support for Violations of Due Process 106
Terrorist List 111
Summary 112
Conclusion 114
Political Offences versus Terrorism 114
Shift in US Policy 116
Support and Publicity 120
References 124
Case Cited 139
Statutes Cited 139
Appendices 140
Research Context and Background 140
Table 1 Murder victims of Loyalist violence, 1996 to 1999, during alleged loyalist ceasefire 144
Notes 146
Introduction 146
Chapter 1 146
Chapter 2 147
Chapter 3 149
Chapter 4 152
Chapter 5 153
Chapter 6 155
Chapter 7 156
Appendices 157
Name Index 158
Index 161