The designation by the US State Department last month of the 32-County Sovereignty Movement and the Irish Republican Prisoners' Welfare Association (IRPWA) as terrorist organisations is being challenged in the US courts by both groups.
Named as alleged aliases for the "Real IRA" when it was designated, both groups deny any link with the "Real IRA" and insist the US bans on visas for their members and on fundraising are an abuse of the designation process by the State Department.
Unlike the "Real IRA", which is not appealing the ruling, neither group is illegal in Ireland or Britain, an anomaly which their lawyers believe fatally flaws the argument for bans largely justified on the basis of intelligence reports from the British authorities. The groups are also seeking the right to a hearing within the State Department.
Papers appealing designation, which must be lodged within 30 days of the declaration, were deposited with the US Court of Appeals on Washington DC on Thursday by Bernabei and Katz, a Washington firm specialising in employment and civil rights law. It is taking the case on a pro bono basis.
Anti-Belfast Agreement republicans here say a second, separate case against the bans is also set to be lodged in the New York courts - a complaint by US citizens that their First Amendment rights to free speech are being violated.
The courts here have found repeatedly that giving donations to causes is a form of freedom of expression safeguarded by the Constitution, a fact that is already complicating attempts in the US to reform political campaign financing.
Mr Rory Dougan, national treasurer of the IRPWA, insists the claim that the organisation is an alias for the "Real IRA" is untrue. He says the group, established in the wake of the Belfast Agreement, is solely a prisoners' welfare organisation whose financial transactions are above board and well known to the authorities who can monitor cash flow in and out of its accounts.
The lawyer for the Washington appeal, Ms Lynne Bernabei, said their case had been strengthened by an important court ruling on the relatively untested 1996 designation law only 10 days ago.
The Iranian People's Mujahideen appealed redesignation, claiming it had been denied a proper hearing, and the court found the State Department was under an obligation both to offer an internal hearing for those about to be designated and to disclose unclassified evidence that was a basis for the designation.
Should the State Department appeal the decision, Ms Bernabei says, the Irish case and demand for a hearing are likely to be put back by the courts. If the department accepts the Iranian ruling, an internal Irish hearing in the department could be expected reasonably soon, while the court would put its consideration of the substantive issue on hold pending a decision.
Ms Bernabei says they will be seeking extensive disclosure.
