Last week, Sean O Cealleagh won a major court victory before an administrative judge in California, who told U.S. immigration officials that the Northern Ireland native could not be deported. In February, O Cealleagh – a barman who has worked in California since 1999, after serving eight years in Belfast's infamous "Maze" prison – was charged with covering up his jail time on a green card application. But Administrative Judge Rose Peters argued that O Cealleagh's conviction in the North was so politically motivated that he could stay in the United States temporarily, under a section of the Immigration and Nationality Act.

O Cealleagh's story is a reminder of how the Troubles follow Nationalist immigrants to the United States. But as Irish-American activists are noting, O Cealleagh's is just the latest controversial deportation case involving a Northern Ireland native. In fact, the Irish Voice has learned there may soon be congressional hearings on the thorny issue.

This development comes amidst a flurry of activism spurred by Irish deportation cases. The pub where O Cealleagh worked has raised $10,000 for his legal fees, while others have held rallies and fundraisers in Yonkers, in New Jersey and elsewhere in recent weeks. Meanwhile, 25 members of the Irish American Unity Conference (IAUC) met with 50 senators and congressional representatives in March to discuss the deportees.

"We're continuing to encourage Irish Americans to write letters and get involved," IAUC director of communications Deeana Turner told the Irish Voice. Turner, who also coordinates IAUC's committee on deportees, is among those who says additional pressure might force legislative action.

"There has to be a political resolution to this," adds Eamon Dornan, a New York-based attorney working with Malachy McAllister and his New Jersey family of five, perhaps the highest profile deportee case to date.

But can a political resolution be achieved in post-9/11 America? Not any time soon, according to observers and elected representatives interviewed by the Irish Voice.

"It will be very hard," said a spokesperson for Congressman Steve Rothman (D-NJ). "We are exploring and researching potential legislative solutions for deportee cases. At the same time, we recognize that the political climate for any type of legislation to ease immigration laws is not great in the post-September 11 world."

A rep for Queens Congressman Joe Crowley added: "With the election in November, time [for immigration reform] is running out."

For all the rhetoric, fundraisers and legal proceedings, a key question remains unanswered: What can actually be done to ease what some see as a crackdown on Irish Nationalists? McAllister attorney Dornan is among those calling for legislation to protect what he calls political prisoners in the United States.

"Look at Malachy (McAllister) or anyone in his situation. Their offense took place in a political conflict thousands of miles away; they are no threat to U.S. safety and security. That has to be recognized in legislation."

Bronx congressman Eliot Engel, a Democrat, is among the elected representatives looking into such legislation. "I think we need to explore what changes need to be made," said Engel. "We need to have hearings... behind the scenes and publicly (in the House of Representatives) to make it a two-pronged attack."

Grant Lally, executive director of Irish American Republicans (IAR), agrees. But, he adds: "No one is picking up the ball on this and running with it."

The particulars of recent Irish deportee cases do vary. But typically the subjects have clashed with legal authorities in the North and have spent time in prison, though often any wrongdoing is denied. Crimes that have been admitted to are said to be "political," a distinction which can strengthen cases for asylum.

The McAllisters, to use one case, fled Belfast in the late 1980s after Loyalists fired over 20 shots into their home. Malachy, a high-profile Republican activist in the North who was imprisoned on disputed charges related to the shooting of a police officer, eventually relocated to New Jersey. The family, who has lived there undocumented while seeking asylum, has built an impressive base of support in and around the New York area. In the past month, McAllister attended a fundraiser in Bergenfield, New Jersey, and was honored by the County Antrim Society at a ceremony in Yonkers.

Late last year, a court ruled all of the family's legal options had been exhausted. Federal immigration agents raided the McAllisters' New Jersey home seeking to deport Malachy, but he was out of town. Since then, McAllister and his supporters argued that the family would be persecuted if they were deported to Belfast. Key members of Congress were sympathetic and convinced immigration officials to let the McAllisters stay in the United States, at least until a three-judge panel decides later this year whether or not the family can earn asylum.

One result of these cases has been an increase not only in organizing and activism, but in Irish-American anger at the Bush Administration. This was most evident in the case of Philadelphia pipefitter John McNicholl, following his deportation. A suspect in a 1970s police shooting in the North, McNicholl eventually escaped from prison and came to the United States where for over two decades he has steered clear of the law and raised a family.

"My younger brother and sister and my mother are United States citizens," McNicholl's son wrote in a letter. "Can someone from the Bush administration explain what we are to do, now that they have deported our father? Where is the justice, in the U.S. department of Justice for my family and me?"

Congressman Engel and others argue that Irish immigrants with political pasts are being used by the Bush Administration to show that the U.S government is not looking to deport only Arabs. Even a small increase in anti-Bush sentiment among Irish Americans could have implications come November. It's worth noting that the McNicholl case unfolded in the key swing state of Pennsylvania.

Several Republican congressmen did not return calls seeking comment for this article. But IAR's Grant Lally said charges against Bush and the GOP are unfair. He noted that Bush ally and Homeland Security undersecretary Asa Hutchinson played a key role helping the McAllisters' stay in the United States and that many in the GOP favor "long-term legislative strategies," which would allow Irish asylum seekers who are "not a threat to the United States," to remain in the country.

Federal immigration officials, for their part, have consistently defended efforts to deport Irish immigrants, citing paperwork infractions or serious crimes committed in Ireland. Last week, U.S. Immigration and Customs Enforcement (ICE) lawyers said they plan to appeal the O Cealleagh judgment. Because ICE cases are handled by regional offices, it is difficult to get a sense of any bureau-wide policy on or approach to Irish deportation cases. Either way, Democrats seem to be trying to use this issue to win Irish votes.

Late last year, a coalition of Irish-American activists released a letter arguing that the Good Friday Agreement "allowed for the release of all political prisoners in Ireland, and recognized their political status." The letter continued: "Yet here in the United States, former prisoners are still treated as criminals under the law. Our immigration legislation must be amended before any of these American families suffer more harm at the hands of Loyalist killers."

Signed by reps from the IAUC, the Irish American Labor Coalition and the National AOH, the letter was also signed by Stella O'Leary, who heads Irish American Democrats. The letter was not signed by any GOP rep, and also makes a point of quoting the 2000 Republican Convention platform, which in part reads: "We call for a review of issues of deportation and extradition arising prior to the (Good Friday) accord."

The letter concludes: "We call on this administration to suspend deportation proceedings against these Irish immigrants and by doing so, show support for the Good Friday Agreement." In the minds of some, the Bush administration continues to target Irish Nationalists.

John Fogarty, IAUC Press Officer has said: "Irish America wants the Bush administration, members of Congress, and the British and Irish governments to know that we will not stand by and see Irish immigrants deported back to Ireland to face discrimination and murder." IAR's Lally said he expects Republicans to stand by their platform's commitment to deportees and the Good Friday Agreement.

Despite O Cealleagh's court victory last week, legislative reform for Irish asylum seekers is not likely to happen anytime soon. They remain in a precarious situation, dependent on sympathetic activists, judges, lawmakers, and even luck.

"Look at McNicholl and Malachy (McAllister)," one observer noted. " McNicholl was home [when immigration agents came] and he was deported. Malachy wasn't, so he had a chance to get his day in court. But what if he was home?"

This article was written as part of IPA-New York's Ethnic Press Fellowship.