US government defies Constitutional Court Ruling 168-13

Status
Not open for further replies.

jkc

New member
Jun 24, 2013
472
0
0
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 Rep?blica Dominicana - DiarioLibre.com

El Caribe ? Juliana Deguis intent? viajar a EEUU sin pasaporte

www.listindiario.com/la-republica/2...s-dice-no-le-ha-negado-ese-documento-a-Deguis

Un exceso de Estados Unidos -


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

jkc

New member
Jun 24, 2013
472
0
0
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
 

bronzeallspice

Active member
Mar 26, 2012
11,006
0
36
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 Jos? Ram?n 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/lo...s-the-US-for-granting-a-Dominican-nationality
 

bronzeallspice

Active member
Mar 26, 2012
11,006
0
36
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.

Zoom Picture


‘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/lo...local-newspaper-slams-the-US-on-visa-incident
 

bronzeallspice

Active member
Mar 26, 2012
11,006
0
36
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.
 

Xavier_Onassis

Active member
Aug 6, 2006
8,750
2
38
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.
 

bronzeallspice

Active member
Mar 26, 2012
11,006
0
36
=======================================================
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:

mountainannie

Well-known member
Dec 11, 2003
14,940
404
83
elizabetheames.blogspot.com
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 situaci?n de la reclamante Juliana Deguis Pierre, a quien no corresponde la nacionalidad dominicana, sino la nacionalidad haitiana de sus padres, el TC tambi?n dispuso que la Junta Central Electoral le restituya su acta de nacimiento en un plazo de 10 d?as, 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 an?logos, ampliando el indicado plazo cuando lo requieran las circunstancias.

La alta corte determin? adem?s que la Direcci?n General de Migraci?n otorgue a la se?ora Juliana Deguis Pierre un ?permiso especial de estancia temporal en el pa?s? hasta que el Plan nacional de regularizaci?n de los extranjeros ilegales radicados en el pa?s, previsto en el art?culo 151 de la vigente Ley de Migraci?n No.285-04, determine las condiciones de regularizaci?n 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 Rep?blica 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 naturalizaci?n - 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 Migraci?n | Presidencia de la Rep?blica Dominicana
 

bronzeallspice

Active member
Mar 26, 2012
11,006
0
36
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.
 

mountainannie

Well-known member
Dec 11, 2003
14,940
404
83
elizabetheames.blogspot.com
Yes, I understand. The move was simply political on the part of the Embassy. A point of pressure on the DR to gain publicity for the case and bring it back to world headlines. My point was merely that if the DR had moved along swiftly with the announced plans, the US might not have done this.
 

jkc

New member
Jun 24, 2013
472
0
0
Keep dreaming! Those of you who try to be NATIONALISTIC and is asking DR to cut ties with US, which they cannot do! Also, Both Russia and China have their own problems now, especially Russia. Russa economy is only based on HYDRO CARBURANTS AND VODKA. China's is EXPORT AND THAT IS STARTING SHOWING SIGNS OF FATIGUE! EVEN THOUGH, YOUR statement does not make sense, but just to show you that will ever happen! DR is a sovereign country, like Russia is. But, that does not give them the right to do as they please! The world is INTERCONNECTED and it will be hard to get away with certain stuffs. Remember, the FRENM MORALIST jean de la fontaine said : LA RAISON DU PLUS FORT EST TOUJOURS LA MEILLEURE!
Keep dreaming!
 

IslandDreaming

New member
May 5, 2007
9,246
90
0
Like many said when the D Supremes issued this edict, most other countries are going to do as they please as the DR will have little option

I DO NOT agree with this type of action, but honestly if Bora Bora declares they will attack any foreign ships that enter their “2000” mile exclusion zone do you think anyone will listen?
 

bronzeallspice

Active member
Mar 26, 2012
11,006
0
36
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 situaci?n de la reclamante Juliana Deguis Pierre, a quien no corresponde la nacionalidad dominicana, sino la nacionalidad haitiana de sus padres, el TC tambi?n dispuso que la Junta Central Electoral le restituya su acta de nacimiento en un plazo de 10 d?as, 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 an?logos, ampliando el indicado plazo cuando lo requieran las circunstancias.

La alta corte determin? adem?s que la Direcci?n General de Migraci?n otorgue a la se?ora Juliana Deguis Pierre un “permiso especial de estancia temporal en el pa?s” hasta que el Plan nacional de regularizaci?n de los extranjeros ilegales radicados en el pa?s, previsto en el art?culo 151 de la vigente Ley de Migraci?n No.285-04, determine las condiciones de regularizaci?n 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 Rep?blica 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 naturalizaci?n - 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 Migraci?n | Presidencia de la Rep?blica Dominicana
MA, you must understand that the naturalization bill must be carefully reviewed. This is something
that cannot be rushed because any error made will come back to bite the DR in the ass. Any flaw
can be misinterpreted. It also must be in alignment with the TC ruling and there has been alot of
disagreements among officials. This is why Danilo has said he will take his time. But pressure is
being applied by the Haitian officials and they must understand that in no way is it mandatory.

A while back I did read and I believe I posted where the regularization plan is not supposed to take
effect until June. So there is still time.
 

bronzeallspice

Active member
Mar 26, 2012
11,006
0
36
Keep dreaming! Those of you who try to be NATIONALISTIC and is asking DR to cut ties with US, which they cannot do! Also, Both Russia and China have their own problems now, especially Russia. Russa economy is only based on HYDRO CARBURANTS AND VODKA. China's is EXPORT AND THAT IS STARTING SHOWING SIGNS OF FATIGUE! EVEN THOUGH, YOUR statement does not make sense, but just to show you that will ever happen! DR is a sovereign country, like Russia is. But, that does not give them the right to do as they please! The world is INTERCONNECTED and it will be hard to get away with certain stuffs. Remember, the FRENM MORALIST jean de la fontaine said : LA RAISON DU PLUS FORT EST TOUJOURS LA MEILLEURE!
Keep dreaming!
And what is it to you if this is what I would like for my country? Then you don't know what the
word Sovereign means. A country can apply its own rules and regulations. Other countries
exercise their rules and regulations without any meddling. This is not the case with the DR.
 

Xavier_Onassis

Active member
Aug 6, 2006
8,750
2
38
Tourism is one of the biggest industries in the DR. China and Russia may be large and power countries, but they will not be sending as many tourists as the US. It is essential for the DR to have good relations with the US and Canada and other countries, mostly in W. Europe, that come to the DR for vacations. The US gets rather a lot of Haitians anyway: seasonal winds blow sailing boats to Turks & Caicos and the Bahamas, and from there we get a boatload or two each day.

Cuba broke ties with the US, or more correctly the US broke ties with Cuba, and Cuba has not prospered as a result. I imagine that what Russian tourists there are would prefer Cuba to the DR, at least ideologically.
 

donluis99

New member
Jul 12, 2004
721
16
0
Wait a minute, that right the US did not grant citizenship to this person, the USA does not have that power nor authority and neither did the USA do such thing.

What the USA did was fill in an AMERICAN document the way the USA wanted to as a soveriegn nation filling out is own soveriengn document and in the USA.

What really is all the bing stink about, they just want to smell thier own $hit!

good luck
 

mountainannie

Well-known member
Dec 11, 2003
14,940
404
83
elizabetheames.blogspot.com
MA, you must understand that the naturalization bill must be carefully reviewed. This is something
that cannot be rushed because any error made will come back to bite the DR in the ass. Any flaw
can be misinterpreted. It also must be in alignment with the TC ruling and there has been alot of
disagreements among officials. This is why Danilo has said he will take his time. But pressure is
being applied by the Haitian officials and they must understand that in no way is it mandatory.

A while back I did read and I believe I posted where the regularization plan is not supposed to take
effect until June. So there is still time.
Yes, I understand that it all takes time but it did seem to go so fast after the TC ruling. The decision was in Sept and by Nov they had the legislation. Ok. that was fast. And that was perhaps just a proposal.

And of course there are a lot of NGOs who are just gonna continue to scream .. unjust unjust.. I get that one. But I thought that i read that the process was only going to open for 15 months.. they had better keep it open forever for those who qualify..
 
Status
Not open for further replies.