Who has rights of citizenship?

Under the new Constitution,is it only children born to Dominican citizens who have rights of citizenship?

I read this article http://www.huffingtonpost.com/ediberto-roman/anti-immigration-rhetoric_b_8025280.html and was going to comment that children of LEGAL residents also had birthright citizenship - but then went back to the Constitution

Dominicans [feminine] and Dominicans [masculine] are:
1. The sons and daughters of a Dominican mother or father;
2. Those who enjoy the Dominican nationality before the entry into effect of
this Constitution
3. The persons born in the national territory, with the exception of the sons
and daughters of foreign members of diplomatic and consular delegations,
and of foreigners in transit or residing illegally in the Dominican territory.
Any foreigner [masculine] or foreigner [feminine] defined as such in the
Dominican laws is considered a person in transit;
4. Those born abroad, of Dominican father or mother, notwithstanding having
acquired, by place of birth, a different nationality from that of their parents.
Once having reached the age of eighteen years, they can express their will,
before the competent authority, to assume the double nationality or
renounce one of them;
constituteproject.org PDF generated: 11 Mar 2015, 16:25
Dominican Republic 2010 Page 18
5. Those who contract matrimony with a Dominican [masculine] or Dominican
[feminine], as long as opting for the nationality of his or her spouse and
meet the requirements established by the law;
6. The direct descendants of Dominicans resident abroad;
7. Naturalized persons, in accordance with the conditions and formalities
required by law.
https://www.constituteproject.org/constitution/Dominican_Republic_2010.pdf

and the phrase "any foreigner is deemed in transit" seems to imply that no matter WHAT the immigration status of the parents, the child will not have Dominican citizenship rights if the parents are not
Dominican by birth or naturalization.

The question I have is only tangential to the article in the Huffington Post ..

It is about the NEW constitution -- and the NEW interpretation.. I had one French friend who applied for citizenship, but there was simply no action on his case for 5 years.

How is it, Bob Saunders, that you can just say that those foreigners with residency are not considered in transit? When the constitution itself says that all foreigners are considered "in transit" ?

I have read in more than one posting about the law now being simply "jus sanguinis" -- that a child must have at least one Dominican parent to be considered Dominican.

thanks for moving it to Legal, AE,, it would be good to get an answer from Sr Guzman.

(I doubt that there are very many immigrants that this will apply to - since most will have the nationality of their home country - a US parent - well, a mother gives the citizenship automatically but a US father must prove paternity and sign papers commiting to support)

bob saunders said:

Perhaps you can point out where it says in the constitution that all foreigners are considered in transit. I believe you'll searching forever to find that. Aticulo 18.3 is very specific. I've read through Articles 18 through 20, and there is no place where it says all foreigners are considered in transit.

Click to expand...

the words in question are Article 12 number 3

3) Las personas nacidas en territorio nacional, con excepci?n de los hijos e hijas de extranjeros miembros de legaciones diplom?ticas y consulares, de extranjeros que se hallen en tr?nsito o residan ilegalmente en territorio dominicano. Se considera persona en tr?nsito a toda extranjera o extranjero definido como tal en las leyes dominicanas;

which is translated as
https://www.constituteproject.org/constitution/Dominican_Republic_2010.pdf

The persons born in the national territory, with the exception of the sons
and daughters of foreign members of diplomatic and consular delegations,
and of foreigners in transit or residing illegally in the Dominican territory.
Any foreigner [masculine] or foreigner [feminine] defined as such in the
Dominican laws is considered a person in transit;

windeguy said:

3. The persons born in the national territory, with the exception of the sons
and daughters of foreign members of diplomatic and consular delegations,
and of foreigners in transit or residing illegally in the Dominican territory.
Any foreigner [masculine] or foreigner [feminine] defined as such in the
Dominican laws is considered a person in transit;

What you posted above MA, states that the children of legal residents (who are NOT in Transit) are DR citizens.

Click to expand...

sorry - maybe it is not enough coffee..

or maybe the translation is off..

but this, to me, says that any "foreigner" defined as a foreigner is considered a person in transit.

So having a "no vota" cedula - even as a permanent resident, would that not define you as a "foreigner" and hence, "in transit"?

It seems to me that only CITIZENSHIP of a parent will convey citizenship to the chldren.

Here is some of the coverage of this issue in Reuters

"The September 23 court ruling retroactively denies Dominican nationality to anyone born after 1929 who does not have at least one parent of Dominican blood, under a constitutional clause declaring all others to be either in the country illegally or "in transit"." http://www.reuters.com/article/2013/10/12/us-dominicanrepublic-citizenship-idUSBRE99B01Z20131012

Most people here talk about "legal status" -- and having a cedula for the parents. But internationally, it seems that the interpretation is that one parent must be "Dominican"