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Lawmakers fight feds' vow to deport N.J. man to Northern Ireland

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U.S. lawmakers have taken up the case of Malachy McAllister, who has lived in New Jersey for two decades.

WASHINGTON -- Malachy McAllister came to New Jersey 20 years ago, fleeing Belfast by way of Canada after the former Irish paramilitary member's home was shot up by British loyalists. Next week, the U.S. wants to deport him.

McAllister, a stone mason who owns a construction company and a New York City bar owner, was told to report to the U.S. Immigration and Customs Enforcement agency in Newark with a small suitcase April 25 so he can be removed from the country.

"I thought we had peace and justice," said McAllister who lives in Rutherford. "We want to move on."

To stave off the threatened deportation, U.S. Sen. Robert Menendez (D-N.J.) and U.S> Rep. Bill Pascrell Jr. (D-9th Dist.) have introduced legislation designed to block the ICE officlals from removing McAllister, at least for now.

"If there was ever a time when they should be using their discretion, it should be this time," Pascrell said. "He poses no threat whatsoever."

A phone call and email to the U.S. Immigration and Customs Enforcement press office were not returned.

McAllister spent Thursday on Capitol Hill meeting with lawmakers to seek support for legislative action that would let him stay. He said his two children who came with him have temporary relief from deportation under President Barack Obama's executive orders on immigration.

U.S. Rep. Richard Neal (D-Mass.) hosted a meeting in his Washington office with McAllister and some of his congressional allies to plot their next move.

"I was surprised it has taken this turn," Neal said. "There should be a delay while there's a review of his case again."

McAllister was sentenced to seven years in prison after two 1981 incidents. First, he acted as an armed lookout for an Irish Republican Army splinter group in the shooting of a British police officer and then he conspired to shoot another officer in 1981. He was released in 1985 after earning time off for good behavior.

He fled Northern Ireland after their home was attacked by pro-British paramilitary forces in 1988, first seeking asylum in Canada. After his request was denied, he came to New Jersey in 1996.

The Third Circuit U.S. Court of Appeals in April 2006 turned down McAllister's request for asylum, and he has been fighting deportation ever since with the help of supporters on Capitol Hill, including Menendez and Pascrell. Both lawmakers and others have asked Homeland Security Secretary Jeh Johnson, a New Jersey native, to intervene in the case. 

"Malachy and his family are integral members of the New Jersey community and clearly do not pose a national security or public safety threat," Menendez said. "This nation was founded so that families like the McAllisters can live in peace without fear of retribution for political, cultural, or religious beliefs. This ideal was true then and it is true now."

McAllister has been a supporter of the Good Friday agreement that brought peace to Northern Ireland, and the U.S, by deporting him, could provide new arguments for those who still oppose the deal, said another McAllister supporter, Rep. Peter King (R-N.Y.).

"If he does get sent back, then the dissident movements trying to disrupt the peace process could use this," King said. "I don't think they realize the full impact of this."

Jonathan D. Salant may be reached at jsalant@njadvancemedia.com. Follow him on Twitter @JDSalant. Find NJ.com Politics on Facebook


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