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  1. #1
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    Default US government defies Constitutional Court Ruling 168-13

    US government defies Constitutional Court Ruling 168-13

    Despite the Constitutional Court ruling 168-13 establishing that Juliana Eguis does not qualify for Dominican nationality on the grounds that her parents were in the Dominican Republic illegally, the US Consulate issued a humanitarian visa to Juliana Eguis on 20 March 2014 identifying her as a Dominican in the special visa. Eguis tried to travel to the US to attend an Inter-American Commission of Human Rights (IACHR) hearing having only the US visa. Migration Department officers said she needed to present a passport to leave the country. She was accompanied by journalists when she tried to leave on a 5am JetBlue flight on Sunday, 23 March.

    After receiving the US visa on 20 March, Eguis demanded a Dominican passport in a visit to the Passport Department with lawyers and media. When Listin Diario reporters interviewed Passport Department director Iris Guaba, she said it cannot be correctly said that Deguis was denied a passport when she never formally requested one. According to Guaba, Eguis did not make her application via the normal channels and did not submit the required documentation for applying for a Dominican passport. Instead she presented a photocopy of her birth certificate and of the humanitarian visa. Guaba said that the requirements included a legalized birth certificate and Dominican cedula. She said that only foreigners who have lost their passports or had them stolen were allowed to travel with an emergency travel document issued by their consulate.

    "From the moment Deguis arrived at the Passports department... her lawyers were yelling out on one and another side and the journalists were requesting comments," said Guaba. She said that the scene created lots of confusion and she wondered whether the intention was to request the passport or to appear in the media, as reported in Listin Diario.

    As reported, Eguis' lawyers had also notified the Ministry of Foreign Relations of the granting of the visa and demanded the Dominican passport.

    El Dia quotes a US government official as saying that US Immigration Law allows for exceptions for issuing visas without a passport. The newspaper also reports that JetBlue had authorized Eguis' departure, but when she got to the Migration section, officers there said that she needed a Dominican passport to leave with that visa. Her lawyers Manuel de Jesus Dandre, Maria Martinez and Genaro Rincon were able to travel to the IACHR meeting.

    The Foreign Relations Ministry's Human Rights Department director Radhys Abreu will represent the Dominican Republic at the hearing today, Monday, 24 March at 3pm.

    The Dominican Republic government has provided mechanisms to fast-track naturalization for people in Eguis' situation, but Eguis is holding out for automatic granting of citizenship arguing that she was born in the Dominican Republic.

    El Dia's editorial today writes that identifying Deguis as a Dominican national despite the Constitutional Court ruling was "an excess" by the US government. "The United States is not entitled to blithely issue nationality of other countries," writes the editorialist. The director of El Dia is lawyer Rafael Molina Morillo, a former Dominican ambassador to the United States.

    EU dio visa a Deguis sin pasaporte -

    CIDH conoce hoy tres casos contra República Dominicana - DiarioLibre.com

    El Caribe » Juliana Deguis intentó viajar a EEUU sin pasaporte

    http://www.listindiario.com/la-repub...mento-a-Deguis

    Un exceso de Estados Unidos -


    --------------------------------------------------------------------------------

  2. #2
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    I wonder where this editorialist have been living and what ruling there is for US to respect?
    when you are a third world country and tries to do stuffs the wrong way, you got a slap in the face. Maybe, these people are still living in a dream and does not realize that the world is unipolar! Third world countries rarely look SUPERPOWERS in the face. These dominicans need to let go before further actions are taken! Geez

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  4. #3
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    Top official slams the U.S. for ‘granting’ a Dominican nationality


    Santo Domingo.- President Danilo Medina met for 50 minutes in the National Palace with U.S. ambassador James Brewster Monday morning, and although the topic wasn’t revealed, it was presumably about presumed Dominican of Haitian descent, Juliana Deguis, who on Sunday was barred from boarding a flight to Washington on lack of documents.

    Also at the meeting was National Immigration Council chair José Ramón Fadul and Presidency legal adviser Cesar Pina, who declined comment.

    Prior to the meeting, Fadul questioned the U.S. authorities issuing Deguis a visa, noting the Central Electoral Board’s affirmation that she obtained a Dominican nationality with “irregular” documents.

    The official reminded the U.S. that Dominican Republic is a sovereign country, which has its laws and rules. "No Embassy of any country can grant the Dominican nationality to any person, because that’s Dominican Republic’s sovereign right.”


    http://www.dominicantoday.com/dr/loc...an-nationality

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  6. #4
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    Major local newspaper slams the U.S. on visa incident
    PrintPrint EmailEmail BookmarkBookmark SaveSave to my profile Comments25 Comments - last on Mar 25 at 5:39 AM

    El Dia Editor-in-chief Rafael Molina Morillo.

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    ‘An excess of the United States’

    Translation: Dominican Today

    “The United States has committed an excess by officially defining as Dominican to grant a visa to the young woman Juliana Deguis, when precisely a ruling by the Constitutional Court denied that condition. She was granted the visa even without having a passport.

    The United States doesn’t have the right to be happily granting citizenship of other countries.

    The Dominican Government cannot let this incident pass as an anecdotal episode, because the US action wasn’t innocent and has implications for national sovereignty.

    It was just on Thursday when Deguis’ attorneys told the Dominican Foreign Ministry of their intention to travel to the United States and a little more than 48 hours she was already in an airport with a United States visa and without a travel document.

    The hurried pace of that movement denotes bad faith, which is aggravated if one takes into account that it was instigated by the Inter-American Commission on Human Rights.

    This action reveals much about those who seek to question Dominican Republic for acting in accordance with its sovereign right to establish its own immigration policy.”

    http://www.dominicantoday.com/dr/loc...-visa-incident

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    What the DR needs to do is break ties with the US and join China and Russia.

    And let the Chinese build a wall of separation.

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    The official reminded the U.S. that Dominican Republic is a sovereign country, which has its laws and rules. "No Embassy of any country can grant the Dominican nationality to any person, because that’s Dominican Republic’s sovereign right.”


    ===================================================
    That is hard to argue with. The US can give her a visa, but it cannot issue a Dominican passport.

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    Quote Originally Posted by bronzeallspice View Post
    What the DR needs to do is break ties with the US and join China and Russia.
    =======================================================
    In light of all the Chinese and Russian tourists that come to the DR for R&R? Probably not a terrific idea.

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    Quote Originally Posted by Xavier_Onassis View Post
    =======================================================
    In light of all the Chinese and Russian tourists that come to the DR for R&R? Probably not a terrific idea.
    It would be better than the current situation now. The US needs to respect the sovereignty of other
    nations and stop interfering but of course they're only looking out for themselves since they
    want Haitians to be be contained on the island and not reach US shores.

    Now what the DR should do is let Haitians who are trying to reach Puerto Rico
    in yolas reach their destination. That way the US can get a taste of what the
    DR is going through. Let them get an influx of Haitians on their shores.
    Last edited by bronzeallspice; 03-25-2014 at 11:45 AM.

  12. #9
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    The US should not have done this. It was a clear interference in the soverign rights of the Dominican Republic.

    The sentance read

    Respecto a la situación de la reclamante Juliana Deguis Pierre, a quien no corresponde la nacionalidad dominicana, sino la nacionalidad haitiana de sus padres, el TC también dispuso que la Junta Central Electoral le restituya su acta de nacimiento en un plazo de 10 días, y que proceda a someter dicho documento al tribunal competente, tan pronto como sea posible, para que este determine su validez o nulidad; asimismo, que proceda de la misma manera con todos los casos análogos, ampliando el indicado plazo cuando lo requieran las circunstancias.

    La alta corte determinó además que la Dirección General de Migración otorgue a la señora Juliana Deguis Pierre un “permiso especial de estancia temporal en el país” hasta que el Plan nacional de regularización de los extranjeros ilegales radicados en el país, previsto en el artículo 151 de la vigente Ley de Migración No.285-04, determine las condiciones de regularización en este tipo de casos. Tribunal Constitucional ordena a la Junta Central Electoral restituir acta de nacimiento a Juliana Deguis Pierre | Tribunal Constitucional de la República Dominicana

    and Deguis should have gone through the process to become properly naturalized.

    However, there IS no plan in place for the regularization of these persons. Presidente de la JCE dice que Danilo no tiene listo proyecto de ley de naturalización - DiarioLibre.com

    This despite the fact that the TC gave the President, I think, 15 months in which to get all of them registered.. or maybe it was the President who gave them the time limit.

    There was a publication of a list of things that people had to do to qualify.. ok,. fine..

    There was a brief announcement that enrollment would take place at the Governors' offices of different provinces.

    But now the news is that the President is again in consultation. That the plan is not ready.

    So, most likely, the issuance of the visa to Deguis was an attempt to signal that.

    The DR cannot issue her a refugee passport since she was born here.

    If the DR had moved swiftly to open the centers for registrations perhaps this might not have happened.

    But there has been NO movement whatsoever since January. Resultados: Consejo Nacional de Migración | Presidencia de la República Dominicana

  13. #10
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    Quote Originally Posted by Xavier_Onassis View Post
    The official reminded the U.S. that Dominican Republic is a sovereign country, which has its laws and rules. "No Embassy of any country can grant the Dominican nationality to any person, because that’s Dominican Republic’s sovereign right.”


    ===================================================
    That is hard to argue with. The US can give her a visa, but it cannot issue a Dominican passport.
    The US should not have granted her a visa as a Dominican because she had obtained
    Dominican nationality through falsified documents. She should have been issued the visa as a Haitian.

    Her case was in court a while back and the US was aware of it. This is the argument.

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