PHILADELPHIA DEPORTATION TRIAL TO BEGIN FEBRUARY 16TH

John McNicholl's war in the North of Ireland ended almost 25 years ago. He hoped that the duress his wife and three children, all American citizens, were under was about to end on Tues day, Sep 9, 1997. You may recall that is the day that the Attorney General, acting on a request from the Secretary of State, suspended deportation proceedings against some Irish nationalists. Her stated rationale was that such suspensions "could contribute to the peace process in Northern Ireland." John's hope was subsequently dashed. The Immigration and Naturalization Service (I&NS) prosecution had announced it was "going all the way" in its effort to deport John and was proceeding with Royal Ulster Constabulary (RUC) charges against him. Despite the "Good Friday Agreement," not much had changed for John or his family. Six RUC people are scheduled to present "evidence" against John at his trial in Philadelphia. The RUC is the paramilitary police force which, together with the British Army, enforces British control of six counties in the North of Ireland. The trial, which is scheduled to take two weeks and be held at the I&NS at 1600 Callowhill St, begins on Tuesday, February 16, at 8 AM. In 1976, John, like many other Irish men, was a Remand Prisoner in the POW camp in Long Kesh. Fearing assassination, he escaped with several other men and made his way to freedom in the South of Ireland. He was present in Killybegs, County Donegal, when extradition warrants were served on two of his fellow escapees. Ireland refused to extradite the men on the grounds of "political offenses," and the men have lived in the Republic of Ireland since. These were in the days before Britain was successful in its propaganda campaign to "criminalize" the war. John lived openly in the Republic from 1976 to 1984, mainly in Donegal. He endured constant threats and harassment from the Gardai. In 1984 he moved to America with his wife, Frankie (Francis Theresa Brolly.

In 1988, Frankie and their children (born in the United States) returned to Ireland to process Frankie's application for American citizenship through her grandfather's residency. John returned to Dublin in 1989 to process his application for American citizenship, but he ran into difficulty at the US Embassy. The Embassy had been given John's RUC file. John re-entered the United States three months later and resumed work with his employer in Philadelphia. In January 1990, he applied to the US Consulate for an immigrant visa. He never received a vi sa. His lawyer has been able to get records which show that he did not get the visa because he was charged with being a member of the Irish Republican Army and with the murder of a Royal Ulster Constable in Dungiven in 1975. John's lawyer found out that a person had been tried, convicted and sentence to 20 years for the death of this RUC man. Having served his sentence, the person convicted has been trying to live the rest of his life quietly with his wife and children in Ireland. Despite his desire for privacy, he has cooperated with John's lawyer and provided him with an affidavit attesting to these facts. Now, the I&NS has decided to charge John with conspiracy and being in possession of weapons over 20 years ago, instead.

On February 13, 1995, John was requested to come to be interviewed by the I&NS and FBI at the District Office in Philadelphia. He did so, was interviewed, and released without arrest or bail, but he was placed in deportation proceedings that day. He lives in suburban Philadelphia with his wife, Frankie, and his children Sean, 14, Conall,12 and Aine, 9. Like millions of Americans, John and Frankie are buying their home, working and paying their taxes. Their children are active in sports, the parish and the community. Frankie is a volunteer at the Philadelphia Immigration Center. But unlike most other families, John's wife and children live with the daily fear that their husband and father will be ripped from them and excluded from America.

The Irish community in Philadelphia has rallied to the McNicholl family's defense. At an emotional meeting of the Federation of Irish Societies Friday (Feb 5) night, over fifty delegates from the AOH, County Societies, INA, IAUC and various Irish organizations pledged their support and volunteered to serve on a committee, The Philadelphia Family Defense Fund, to raise funds to help pay for John's trial. The Commodore John Barry Club (The Irish Center) donated its facility for a benefit to be held on Sunday, March 21. Mr. Tom Conaghan, President o f the Federation said, "There is a hawk circling our community. It is trying to take one of our own. We are not going to stand by silently and let it happen. This is one of the most important cases to confront the community in Philadelphia. Everyone in the community must do all that can be done for John, Frankie and the children." Jack Worrall, a past president said, "At a time when prisoners are being released and we are trying to advance the peace process, harassing families trying to live in peace flies in the face of the spirit of the Good Friday Agreement. It is mean-spirited madness for our government to be participating in this. It does not surprise me that John's family in Ireland has been harassed.

The Crown has confessed error and paid restitution to John's family there. But our government pursuing deportation cases does surprise me. It is appalling. It certainly does not advance the peace process"

The address of the defense fund is:

Philadelphia Family Defense Fund
c/o Martin McElroy
115 East Stratford Ave, Lansdowne, PA 19050