Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 85 transforming them into Haitian immigrants in an irregular migratory situation in the Dominican Republic, the Constitutional Court ordered the Government to prepare and implement the National Plan to Regularize Foreigners in an irregular migratory situation (hereinafter the “Regularization Plan”) within 90 days of that judgment’s notification, in order to “determine what conditions must be met for regularization in cases of her kind”. 194 188. In compliance with the provisions of the General Immigration Law 195 and with judgment TC/0168/13 of November 29, 2013, President Danilo Medina approved Decree No. 327-13 establishing the National Plan to Regularize Foreigners in an irregular migratory situation. The Regularization Plan provided that any foreigner wishing to regularize his or her migratory situation should apply within 18 months of the date on which the Plan took effect, i.e., June 17, 2015. 196 189. As to the subjects who qualified to apply for the Regularization Plan, particularly persons born in Dominican territory to foreign parents in an irregular migratory situation –who according to judgment TC/0168/13 were not entitled to Dominican nationality under the laws in force, the President maintained that the children of non-resident alien mothers listed in the Civil Registry could apply for a special process. 197 190. The Regularization Plan also provided that a foreigner in an irregular migratory situation, who neither qualifies for nor invokes the established regularization provisions, shall be subject to deportation pursuant to the Constitution and the laws. It also established that any deportation proceeding conducted pursuant to the provisions of the General Immigration Law, its Regulations, and the Regularization Plan will respect the due process guarantees required in immigration proceedings, 198 in accordance with the international standards governing this matter. It also prohibited deportation during the execution of the Regularization Plan, and the 194 195 196 197 198 Dominican Republic, Constitutional Court, Judgment TC/0168/13. September 23, 2013, sixth and seventh operative paragraphs. Dominican Republic, National Congress, General Immigration Law No. 285-04, Article 151. Dominican Republic, Danilo Medina, President of the Republic, Decree No. 327-13 establishing the national regularization plan for foreign nationals in an irregular migratory situation. November 29, 2013, Aricle. 3. Article 8 of Decree No. 327-13 reads as follows: Article 8. Persons subject to regularization. Any person living in the country may apply for the Plan if: 1. He or she has entered the national territory illegally, in violation of the provisions of the Dominican Republic’s immigration laws and regulations, and has remained in the country under the terms and conditions stipulated in this Plan; 2. He or she has entered the Dominican Republic legally, in compliance with the immigration requirements established in the laws and regulations, and his or status has become irregular as a result of: a. Having overstayed the period of time he or she was authorized to remain in the national territory, under the terms and conditions stipulated in this Plan; b. Having violated the conditions under which he or she was admitted or the conditions of his or her presence on Dominican territory, under the terms and conditions stipulated in this Plan. Paragraph. Persons born within the territory of the Dominican Republic to foreign parents in an irregular migratory situation and who are not entitled to Dominican nationality under the laws now in force, may apply for a special process whereby children born of nonresident foreign mothers may become naturalized citizens provided they are listed in the Registry. Ibid., Article 4. Inter-American Commission on Human Rights | IACHR