Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 73
152. Article 36 of the 2004 General Immigration Law expanded the definition of foreign
nationals “in transit” by providing that all nonresident foreign nationals, which
would now include temporary workers, are regarded as persons “in transit” for
purposes of the application of the article on Dominican nationality that appears in
the Constitution of the Dominican Republic. 160 With that, the law provided that
temporary workers were regarded as persons in transit, irrespective of how long
they had been in Dominican territory; hence, their descendants could not acquire
Dominican nationality as the parents now fell within one of the exceptions for
acquisition of nationality in application of the principle of jus soli. Furthermore,
article 152 of the General Immigration Law provided that a foreign national who,
having entered the country with some temporary legal status, overstays the time
authorized for him or her to stay shall be deemed to be “illegal”.
153. The General Immigration Law also established a procedure for registering the births
of children born in Dominican territory to non-resident aliens and who, according to
the criterion introduced with this law, are not entitled to Dominican nationality.
Health clinics that provide care to a foreign woman, who does not have
documentation proving her legal residency, will have to issue a pink record of birth,
containing all of the mother’s personal information. This record is different from the
official record of birth used in the case of Dominicans and serves as proof of birth
but not nationality. Thereafter, the Central Electoral Board will record these records
in the Foreigners’ Registry. 161 This procedure was first implemented in 2007, when
the Central Electoral Board approved the “Registry of Children Born to Foreign-Born
Mothers who do not have residency status in the Dominican Republic,” also known
as the ‘foreigners’ registry’. 162
154. The Constitution in force at the time the General Immigration Law took effect was
the 2002 Constitution, Article 11(1) of which defined Dominicans as:
[a]ll persons born in the territory of the Republic with the exception of the
legitimate children of foreigners resident in the country in diplomatic
representation or in transit. 163
155. As for the meaning of the expression “in transit” for purposes of acquiring
Dominican nationality, on December 14, 2005 the Supreme Court, serving as a
constitutional court, delivered a judgment on the constitutionality of the 2004
General Immigration Law. In the Supreme Court’s judgment, it provided an
interpretation of how the term foreign national “in transit” should be understood for
purposes of acquiring Dominican nationality. The Supreme Court maintained that
“transient” or “in transit” foreign nationals are those who do not have a residency
permit issued by the Office of the Director General of Immigration. This
interpretation established an equivalency between the expressions foreign nationals
“in transit” and “persons with an irregular migratory situation,” irrespective of how
160
161
162
163
Ibid., Article 36.
Dominican Republic, General Immigration Law, No. 285-04, August 15, 2004, Official Gazette No. 10291,
August 27, 2004. Article 28.
Dominican Republic, Central Electoral Board, Resolution No.02/2007. Approved April 18, 2007.
Dominican Republic, Constitution of the Dominican Republic, July 25, 2002. Article 11(1).
Inter-American Commission on Human Rights | IACHR
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