cates have been “irregularly” inscribed in the nation’s Civil Registry since 1929 (the year
in which the Constitution’s “in transit” exception to eligibility for jus soli citizenship became effective).
A key indicator of irregular inscription is whether the child’s birth was registered
by parents bearing a legally-issued cédula or some other kind of identity document,
such as a carnet temporero. The JCE list was to be extended to include also people
who have been fraudulently “cedulized,” by being registered as the child of a Dominican
who was not in fact their mother or father, a last recourse strategy commonly used to
obtain the cédula both by Haitian nationals and Dominican-born Haitian descendants.
The Sentencia ordered that all these people be stripped of Dominican citizenship if their
birth may be traced to immigrant(s) without a legal permanent residence.
Third and lastly, the Congress was asked by the high court to devise a National
Plan of Regularization of Unauthorized Resident Foreigners, as already called for in the
General Migration Law of 2004. That plan would aim at providing a path to legal residency for both out-of-status immigrants and all those Dominican-born people who were
to be stripped of their Dominican citizenship following forensic analysis of their birth certificates by the JCE. All three pieces were envisioned to fit together in a unified legal/forensic/administrative scheme.
Aftermath of the Sentence
The international spotlight was once more shone on the Dominican Republic in the middle of 2015 on migrant-related issues, as the registration period for the pioneer regularization program for irregular migrants expired. The first National Survey on all Immigrants, carried out in 2012, estimated in that year the volume of Haitian immigrants to
be 458,233 persons. Although it did not take data on the migration status of those persons surveyed, the DGM registers for early 2013 show that only 11,000 Haitians had
legal residence. The gap indicates the magnitude of those without a positive migration
status prior to the Regularization Plan. In the event, and even taking into account that
the sign-up for the plan was considerable by undocumented migrants, according to official figures only 53.3% who registered in the Survey had managed to avail themselves
of the Plan.
The Dominican authorities faced three acute problems at this juncture. Firstly, a
very small number of persons applying for the plan managed to complete their files and
get residency status, probably because the bar was set too high in terms of criteria for
the category of migrant concerned and the time period was very tight. The preliminary
regularization (as non-residents and renewed, at the time of writing, up until mid-2018)
affords the vast majority of those thus newly documented persons little advantage beyond, supposedly, being exempt from deportation and timid insertion in the Social Security system. However, some persons with this temporary documentation mistrusted the
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