June 6, 2003 Unwelcome in the U.S.: Ghosts from Past Come Back To Haunt Irishman's Family
by Sarah Huntley, Rocky Mountain News

Ciaran Ferry thought his days behind bars were part of another lifetime, a decade and an ocean away.

The 31-year-old spent 7 ½ years locked up in his homeland of Ireland as an admitted member of the Irish Republican Army.

He was released in July 2000 as part of the Good Fridays Accords, a peace process agreement negotiated between Ireland and England with the support of the United States government.

But now the same government that played a role in setting Ferry free has jailed him again.

Immigration officials took Ferry into custody in Denver on Jan. 30 when he and his American wife arrived at the local office to meet with authorities about an application Ferry had filed seeking a green card.

Ciaran (pronounced KEER-an) Ferry was accused of overstaying his visa.

But in an interview with the Rocky Mountain News, immigration authorities acknowledged that Ferry also is being held because of his "association with a known terrorist organization."

"He would be considered a public safety threat," said Tony Rouco, acting assistant director for investigations.

Ferry disputes the allegations, saying he is seeking to live in this country because he wants an end to violence - for himself, his wife and their daughter, who turns 2 next month.

"I had to leave my country behind. I did it for my family," he said in an interview from the Denver County Jail. "I'm a big advocate of the peace process. I'm no threat to anybody."

Ferry's case illustrates what some argue is a growing rift between efforts to protect the United States in the post-9-11 world and individuals' civil liberties.

Ferry and his wife point out that the IRA is not included on the State Department's list of terrorist organizations.

"I'm not going to deny my politics. There was a conflict in my country, and I was involved in the political opposition to the occupation," Ferry said. "To live in Belfast and to not come into contact with some aspect of the violence, it just doesn't happen."

Ferry's arrest in Ireland came after two guns and ammunition were found in a car in which he was riding. He was sentenced to 22 years in Long Kesh, a political prison.

It was there that he met his wife, who was working as co-chair of the Denver chapter of Northern Ireland Aid, which offers support to the families of political prisoners.

The couple forged a friendship, then a romance, through the mail. Heaven Ferry, 27, found her future husband's name on a list of prisoners and sent him a Christmas card.

"It was the last thing I expected," Heaven Ferry said of the relationship. "I was completely stunned."

Seven months and three trips later, Ciaran Ferry proposed. They were married in Belfast in August 2000, a month after his early release.

The couple planned to live in Belfast, they said. They came to Colorado that December to visit Heaven Ferry's family for the holidays.

Ferry was allowed into the United States under the visa waiver program, which granted him permission to stay for up to 90 days.

While the Ferrys were here, however, the couple learned they were pregnant. Suddenly, a return to Ireland seemed too risky.

Ferry and his parents already had been subjected to death threats. Three months before coming to Colorado, the couple received a government grant to put bars on the doors and windows of their Belfast home.

"Every time I put the bars back, I thought, what if I had a child here? Innocent victims happen all the time," Heaven Ferry said, looking over at her daughter, Fiona, who was transfixed by Sesame Street. "It's terrifying, absolutely terrifying."

Ferry, a landscaper, said he received permission in March 2001 to work in this country while waiting for a green card.

"We followed all the INS rules. We'd been upfront about everything," Ferry said.

Immigration officials said he was not entitled to a visa extension.

After he was jailed in January, Ferry was ordered deported. Now he is seeking political asylum.

His attorney, Jeff Joseph, argues the Irish citizen is one of many casualties of America's new homeland security focus.

"Homeland security has been given almost unfettered power to decide who is and who isn't a terrorist, who is and who isn't a criminal," Joseph said.

After his arrest, Ferry was jailed in solitary confinement at the Federal Correctional Institution in Englewood. Immigration officials said he was placed in the "special housing unit" because he was a security risk.

Ferry was transferred to the county jail after he and his lawyer objected to his treatment.

One hundred and two days into his confinement, he remains in a cell by himself. His lawyer says Ferry is is subjected to strip searches after every visit.

Heaven Ferry hasn't seen her husband since St. Patrick's Day.

Meanwhile, she struggles to explain to her daughter why her father can't come home.

"She goes through photos and cries, 'Daddy, Daddy,' " Heaven Ferry said. "All she knows is that he left one day and didn't come back."

Ciaran Ferry can't help but feel dismayed.

"Is the U.S. any safer with me behind bars? It's just costing taxpayers and my family a lot of money," he said.

A judge has given government attorneys until May 28 to explain their case for keeping Ferry in jail. The next hearing is May 23.

Heaven Ferry hopes her husband will be released in time for their daughter's birthday on June 1.

"We're absolutely in limbo," she said. "Every week we say, OK, maybe this week. We keep thinking one of those (legal motions) will be the one that brings him home."