In the Expelled decision and in a related case, Yean and Bosico v. Dominican Republic, the
Inter-American Court underlined the overriding importance of ensuring equal treatment and
prohibiting discrimination in the content and application of nationality law, particularly in
respect of denial or deprivation of nationality leading to statelessness.121 These decisions
addressed a longstanding struggle of the Haitian minority in the Dominican Republic for equal
access to nationality under the law.
From the 1920s until 2010, the Dominican constitution established a relatively straightforward
regime of nationality acquisition by birth on the territory (jus soli). Beginning in the 1990s,
nationalist groups promoted an interpretation of the country’s jus soli law to exclude children
of undocumented migrants. Since then, thousands of people of Haitian descent in the
Dominican Republic have been refused birth registration and national identity cards, which
are necessary to work, register children, get married, open bank accounts, attend public
universities, and participate in many other civil activities.122
A 2004 migration law took the de facto citizenship denial regime one step closer to formalization, codifying a new interpretation of an exception to jus soli for children deemed by the state
to be born to parents “in transit.”123 The law affirmatively stated that seasonal and undocumented workers were “in transit,” a term that since the 1920s had been interpreted narrowly,
to signify a person in the country for less than 10 days. The government applied the new law
retroactively, introducing a nationwide policy in 2007, enacted through internal administrative
decisions, systematically halting the issuance of new or renewal documentation to people of
Haitian descent, including birth registration for Dominican-born children. In 2005, the
Dominican secretary of labor unveiled a plan to “dehaitianize” the country.124
In January 2010, a new Constitution further formalized the restrictive interpretation of jus soli,
foreclosing access to citizenship for children born to undocumented migrants in the
Dominican Republic. Current Senior ICE Advisor Jon Feere has “praised the ‘clarity’ of the
Dominican Republic’s new immigration-limiting constitution.”125
A September 2013 Dominican Constitutional Tribunal decision—now referred to ominously as
La Sentencia (the ruling)—stripped thousands of Dominicans of their nationality, through a
dramatic, retroactive re-interpretation of the country’s nationality laws.126 The case was
brought by Juliana Deguis Pierre, who was born in the Dominican Republic to Haitian migrant
parents in 1984, and was denied access to proof of her Dominican nationality due to policies in
place following the 2004 migration law. The court held that Deguis Pierre had been registered
as a Dominican national erroneously because her parents could not prove their regular
migration status and were accordingly “in transit” at the time of her birth. The court, extraordinarily, treated the case, brought by one woman, as a collective action, and used that posture
36
UNMAKING AMERICANS
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