Can anyone explain the recent ruling by the Constitutional Court?

Greetings all.  I have been seeing a lot of reports here in the U.S. About deportations of Haitian/Dominican descendants in the last months due to a recent court ruling.  I thought D.R. has Jus Soli which means citizenship by soil? How does this affect children born to non nationals? If at least one parent is Dominican will the child be considered a national? Why did they choose to revoke or not recognize citezenship for descendants born of 1929? That is way back in time to start enforcing migratory laws. Well in any case any explanation is welcomed thanks.

It is a very complicated issue. I will write a response tomorrow, too late tonight.

Thanks Planner. I look forward to hearing from you and the others living on the island who have first hand knowledge on the subject.

Let me first clear up some issues. 

1. if a parent is Dominican then you have the right of citizenship wherever you are born.
2. If a grandparent is Dominican then you have the right of citizenship wherever you are born.
3. IF you are born in the DR of LEGAL residents or citizens, then you have the right of citizenship.
4. IF you are born in the DR of NONLEGAL parents then there is currently NO RIGHT of citizenship.

That is how it currently stands as determined by the Constitutional courts.  I can't begin to answer the question of "why".  Anything I might say is pure conjecture and I am not going there.

The current "mess" was created when they "overturned" the granting  of citizenship that was granted incorrectly.  The gov't is currently  working to "fix" this so that there is a reasonable solution for everyone.

Part of the overall issue is the perception that any other foreign gov't or group has the right to dictate to the DR how to make the laws! 

The reality is it effects Haitians in a huge way.  But, it effects other people born here during that time as well, there just isn't that many of them. 

This is the basis of the current huge mess.  Be advised we will allow discussion of this, but it will not be allowed to degenerate into anything racial,  or biased,  or nasty in ANY way.

Again, Planner, always respect YOUR  input for this blog. Thank you!!!!

Siempre!

It is a mess and if the government here runs true to form, it will not be solved in the near future. It does make it rough for the 1000s of Haitians living here and who have been here forever as well as those born here with out documentation. 

I know our gardener has to walk around with his papers all the time if not there is a good chance he will be picked up and shipped back to Haiti.  He has his passport, visa and has lived here for 15 years.

Just a mess for sure.

Bob K

Thanks for explaining the situation planner.  I have noticed other neighboring nations trying to put pressure on the island such as Trinidad and Tobago, and most recently Venezuelans.  I guess the migration of Hatians in large numbers, has now put the island in the position to regulate the number of citizens that can and cannot stay which is understandable. As it is D.R. has enough issues trying to cope with their current number of citizens, and if the number of illegals keeps increasing, it will put even more stress on resources, such as food, water, energy, etc..... I only hope they can find some middle ground to help the young people who are currently in a state of limbo, wether it is D.R. Or Haiti, everyone should have a country to call their home.

It is very much a mess and the stakes are high.  Haiti has a huge problem.  They were devastated by the earthquake 4 years ago this month and still 100's of thousands live in makeshift accommodations.  Now some of the countries screaming about the current situation here are those who either have done very little to help OR did not follow thru on their promises!

Yes this many extra people puts a massive strain on systems and resources. It would be the equivalent of say 30 MILLION illegals setting up shop in the USA. It is just to hard to sustain. 

regardless of all that,  the DR has the right to uphold its laws. It is  up to this country to make decisions. Other countries are free to suggest things but this is a sovereign nation!

And lets remember this doesn't just apply to the Haitian population, the same holds true for any expat!

So, does being married to a Dominican do anything at all for applying for a residency permit?

Sure does, you have the right to citizenship and you should speak to a lawyer about what docs you need!

You go thru a residency and citizenship application that is a bit different. Let me know how it works out for you.

I am still looking for my Dominican to marry!! LOL

Gracias!
Catalina will start on that next week!

Siempre!

Oh Planner...a Dominican Man.  Please read all about this subject :)

Bob K

HAHAHA  Bob I have an advanced degree in  Dominican Male at the local university!!!!!

Glad to see you are prepared!  :)

Bob K

Bob I was a boy scout!!!!   :D:D:cool:

There you are hanging out with the boys again!  :D:D

Bob K

Seems to be my way Bob.......LOL