Gotta Love the INS Immigration and Customs Enforcement
Perhaps not everyone will see the situation in the same way, but here’s an interesting story about the enforcement of our nation’s immigration laws. From an incensed reader:
We can have 12 million illegal immigrants, and instead this is whom the INS [FN1] seeks to deport: a hard-working, beloved Irish priest in South Dakota. This is the priest that performed my grandparents’ funerals and married my brothers. He’s totally beloved by the community, and now he’s being deported because of something everybody admits is a snafu. You have to love our government.Fortunately, the people of my hometown are fighting this, and I hope they prevail. But the more publicity they can get for this travesty the better. Here is a link to the website that contains his story.
If you have thoughts on Father Cathal Gallagher’s case, also summarized here by the Catholic News Service, feel free to share them.
[FN1] Make that U.S. Immigration and Customs Enforcement (ICE). A few years ago, as part of a massive reorganization, INS implemented underwent a Philip Morris / Altria-style name change (perhaps to escape from a horrible reputation, painstakingly cultivated over decades). Some of the former INS’s functions are now handled by ICE, and others are handled by the Bureau of Citizenship and Immigration Services (BCIS) U.S. Citizenship and Immigration Services (USCIS).
Help Father Gallagher [The Situation]
The border is in South Dakota for Irish priest with immigration woes [Catholic News Service]
DeSmet Catholic Priest Forced To Leave U.S. [KSFY.com]




Comments
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The church should bring a Free Exercise Clause claim against ICE.
Jesus and nativism in conflict? What's a republican to do?
The laws must apply equally to all, from beloved parish priests to farm workers from Mexico.
If I hear "what part of 'illegal' don't you understand" one more time I think I'm gonna shoot someone right in their 2nd Amendment...
this is hilarious
he looks like the butler who plays the drunken irish priest on the train in Trading Places hahahahaha
Oh no! Someone who looks and talks like us is going to get screwed by the same system that screws people that don't look or talk like us all of the time!! What is the world coming to?!?!
Dude looks like Gerry Spence's twin:
http://www.spencelawyers.com/images/GerrySpence.jpg
Even favors black threads, like Gerry Spence:
http://www.kathyprice.com/Images/Spence.jpg
Hey, if they make him leave the country, maybe he'll have time to layover in Boston, grab a cab, and bless that memorial to the Irish famine victims in Cambridge Common which the Harvard Law Review's been busy desecrating.
Lat, INS did not implement the name change. Congress, as part of the Homeland Security Act, abolished the INS and broke up its functions into several agencies, all part of the Department of Homeland Security. INS used to be part of DOJ. But it was much more than a cosmetic reorganization, The Customs Service became part of ICE, as did the Federal Protective Service (the guys responsible for pysical security at govt. buildings.)
Well, geez, if we LIKE someone, we don't want to kick them out. It's only the unlikeable that should have to go. Clearly.
I think the point of this is that he's not currently illegal, but that the government won't renew his green card so he can stay in the country and continue working. So if you have been complying with the law, ICE wants to send you home, whereas if you've never complied with the law in the first place, you get amnesty and get to stay forever.
I'd be all for it if only he were taking the other 12 million with him.
"Gibbons said religious workers are especially prone to out-of-status problems because, unlike other categories of workers or family-visa holders, they are not permitted to submit simultaneous applications that might protect them from a lapse in coverage."
Interesting--maybe there is a free exercise claim here?
yeah, let's kick out the illegal immigrants. who cares if the economy goes down in flames?
If the application would have gone through and been approved but for a bureaucrat mess-up, might not that implicate due process under Logan v Zimmerman Brush (early 80s)? Seems ridiculous if he did everything perfectly.
10:02: Read the accompanying articles before you chalk this up to race, please.
Guys at my high school failed to realize the name is now "USCIS" all the time. It was no big deal.
would anyone be up in arms if this guy was from mexico?
10:02: I didn't see the part where he illegally crossed a US border. And he must be making up the part about filing the paperwork to become a legal permanent resident and working within the system to stay here legally. Otherwise, he is in a morally and legally different situation than most of the other 12 million because he has not shown contempt for our nation's laws.
9:56: Tell that to the people who want to come to the US but are waiting to do so legally. If it were not for the illegal immigrants here, the US undoubtedly would allow for more legal immigration. Illegal immigrants do real harm to law abiding people in their home countries by breaking our laws.
10:26: isn't the U.S. Supreme Court now majority Catholic? Maybe that couldn't hurt on any due process claim this guy might bring.
This is a good thing for the children of South Dakota. All catholics should be deported.
This is a good thing for the children of South Dakota. All catholics should be deported.
Looks like "Anti-Catholic Boy" can't read the stuff at the bottom of this screen which says:
"After submitting a comment it may take several minutes to appear. Please only submit your comment once."
He'll burn in Hell for posting twice.
10:32 - With or without illegal immigration, the US will continue to have quotas on legal immigration. I don't see the one necessarily being connected with the other, especially since Mexico isn't part of the diversity visa lottery system.
Lat, it's awful nice and helpful for you post this tear-jerker, but from the 1st story you linked to ("The Situation"), which said Sen. Thune spoke with the guy for almost a half hour Thursday, and promised to contact the White House, it's pretty clear how this is going to go down. He contacts the White House and makes the following quite principled argument:
1. South Dakota Catholics are an important voting bloc for me.
2 They like this guy and want me to stay.
3. If he stays, and I get credit for it, it will help me get reelected, which will help Republicans generally in the Senate.
4. Therefore, letting him stay is "the right thing to do."
Lat, as your comment shows, you knew that the effect of your posting this would be to lead anti-Catholic bigots to post hate speech in the comments. Proud?
Should be:
2. They like this guy and want HIM to stay.
Anti-Catholic bigots? Really?
Send him back . . . I'm sure he touched a little boy inappropriately sometime in the last 20 years.
Yes. E.g., 10:46, 10:47. Also 10:08 on "black threads," and calling a priest "dude."
And now, 11:09
Strikingly similar to Holy Trinity Church v. United States, 143 U.S. 457 (finding that immigration law did not apply to preacher even though the plain language of the statute clearly applied).
That's an 1892 case. Perfect. You see, we follow the plain language of statutes only in alternate centuries.
In the 19th century, when Holy Trinity Church was decided, we didn't follow plain language.
In the 20th century, especially after Scalia showed up, we did.
Now, in the 21st century, an odd-numbered century, we go back to ignoring plain language. Priest wins.
11:15: I was thinking the same thing. Thanks for the reminder of the case's name.
A clue for you, 11:13-- not everyone who rejects and/or laughs at your personal cult's claims to perfect moral truth is a "bigot." We simply resent being looked down upon by a bunch of hypocritical pedophiles who have been on the wrong side of every issue for the last 2000 years.
11:47 = Rev. Hagee
11:47 - You're right. It's probably not everyone you referenced is a bigot. But you sure seem to be.
I understand some of the cynicism on this forum, and to the extent it is directed generally, perhaps it is warranted. It is also very understandable that people would hold differing views on his case.
But this particular man - this man named Cathal Gallagher - is a wonderful human being. One of his most endearing qualities is his genuine care for others, no matter their religious affiliation, no matter their color or creed, no matter their past. I believe it is the primary reason you see this outpouring of affection for him - from all segments of a fairly broad swath of geography and personal perspectives.
To all of us that have met him, been personally affected by his compassion and leadership, something feels dreadfully wrong with our system.
We are not legal experts, and as such do not necessarily claim to understand his standing as such. All we know is that in our gut, something seems terribly broken and wrong, based on what we generally believe about this country of ours.
As one of the respondents stated - "...this man saved my wife's life while I was fighting in Iraq, my forefathers woud be ashamed."
10:25 - I believe you meant to say Yeah, let's kick out the illegal immigrants. Who cares if the economy has a substantial boost as employers have to pay a living wage to American workers and/or have to implement new technologies, most of which will be designed in America, to handle work that was previously done by illegals working below minimum wage? Who cares if our schools and hospitals become vastly less crowded and more productive? Who cares if Mexico has to face up to its own problems and become a more responsive society when it can no longer export its poor people North? And most especially, who cares if some guy who spends his life promoting magical fictional superbeings and false hope gets sent home?
America needs immigrants, and America needs to reform its immigration laws, but that doesn't mean people get to ignore our laws in the meantime.
The priest is married to this guy's brothers? That's homosexuality, polygamy, and incest all in one. No wonder the Bush administration wants him gone.
This is a travesty! Isn't anyone familiar with the "nice person" exception to the immigration laws?
It is not our laws that are a travesty, it appears to be our system of implementing them that is the travesty in this case.
Father G's status still shows as 'approved' at some point in 2003 when you log into the government's system. We know he was subsequently told to get immunization shots and fingerprinted in preparation for his citizenship in 2005 - which he did. Through the missteps of attorneys, perhaps, he never was personally notified of his denial of permanent residency.
Upon hearing ambiguity concerning his status some years ago, while others told him there were obvious bureaucratic mistakes that would get rectified, he apparently decided to personally forego compensation from his parishes so as not to be viewed as 'illegally employed' - and then went about his work contributing to our local society in ways like no other individual anyone can ever remember. Ironically, and some would say tragically, the reason stated for his final rejection is that someone interpreted his working for free yet living at the rectory as receiving illegal compensation.
For those who care about the actual situation, he is not seeking any exception to the law at all, nor is anybody advocating such on his behalf. They are simply asking that his case be reopened and subsequently reconsidered, based on how the system has apparently worked in this case.
It is not our laws that are a travesty, it appears to be our system of implementing them that is the travesty in this case.
Father G's status still shows as 'approved' at some point in 2003 when you log into the government's system. We know he was subsequently told to get immunization shots and fingerprinted in preparation for his citizenship in 2005 - which he did. Through the missteps of attorneys, perhaps, he never was personally notified of his denial of permanent residency.
Upon hearing ambiguity concerning his status some years ago, while others told him there were obvious bureaucratic mistakes that would get rectified, he apparently decided to personally forego compensation from his parishes so as not to be viewed as 'illegally employed' - and then went about his work contributing to our local society in ways like no other individual anyone can ever remember. Ironically, and some would say tragically, the reason stated for his final rejection is that someone interpreted his working for free yet living at the rectory as receiving illegal compensation.
For those who care about the actual situation, he is not seeking any exception to the law at all, nor is anybody advocating such on his behalf. They are simply asking that his case be reopened and subsequently reconsidered, based on how the system has apparently worked in this case.
clearly whomever brought this up was pissed off because this guy is a "hard-working, beloved Irish priest" so please enlighten me, do immigration laws not apply to priests? to the Irish? to anyone who is hard-working or beloved?
12:23: "And most especially, who cares if some guy who spends his life promoting magical fictional superbeings and false hope gets sent home?"
Pretty funny, and possibly accurate -- "magical fictional superbeings." Is that original to you? Not to nit-pick, but isn't "fictional" redundant? On 2nd thought, maybe not.
Illegal is ille...hey, wait...that guy's white!
I am the Soldier referenced. Some of you really ought to go live in Panama, Suriname, or Iraq to have basis for remarks. Immigration is how countries are built and to provide safe haven for persecuted. An asset at the County level is how better towns and counties are built. That is what made this country full of privileges we enjoy. The technicality is that after the 2nd 2yr work visa expired and the permanent visa application was received the 2weeks the dicocese took him off payroll he resided in the parish rectory which was defined as an employment benefit, grounds for denial apparently. This is a case of a highly educated man who does good to improve community by caring for people. He helps anyone in need, it does not matter if they are illegal immigrants or life long residents or tourist passing thru Laura Ingall Wilder's Little Town on the Prairie. You don't throw the good apples out of the barrel, you throw out the bad ones. Like my dad told me once, it's the dumb (sic. ignorant) ones that will kill you. Some of the ignorant remarks above lead me to question their value and productivity in making this a better country for all to the extent that Father Gallagher has. It is as simple as expecting due process to be successful and when it is not, people want to know why and get it corrected and become frustrated with failure when trying to right an injustice. We are simple people here and cannot understand an injustice that would have changed the course of local history only 3 generations ago for many of the residents whose forefathers came from foreign soil and settled here. I live here and serve my country for a very different reason then others on this site.
I am the Soldier referenced. Some of you really ought to go live in Panama, Suriname, or Iraq to have basis for remarks. Immigration is how countries are built and to provide safe haven for persecuted. An asset at the County level is how better towns and counties are built. That is what made this country full of privileges we enjoy. The technicality is that after the 2nd 2yr work visa expired and the permanent visa application was received the 2weeks the dicocese took him off payroll he resided in the parish rectory which was defined as an employment benefit, grounds for denial apparently. This is a case of a highly educated man who does good to improve community by caring for people. He helps anyone in need, it does not matter if they are illegal immigrants or life long residents or tourist passing thru Laura Ingall Wilder's Little Town on the Prairie. You don't throw the good apples out of the barrel, you throw out the bad ones. Like my dad told me once, it's the dumb (sic. ignorant) ones that will kill you. Some of the ignorant remarks above lead me to question their value and productivity in making this a better country for all to the extent that Father Gallagher has. It is as simple as expecting due process to be successful and when it is not, people want to know why and get it corrected and become frustrated with failure when trying to right an injustice. We are simple people here and cannot understand an injustice that would have changed the course of local history only 3 generations ago for many of the residents whose forefathers came from foreign soil and settled here. I live here and serve my country for a very different reason then others on this site.