2024News

New proposal for recidivism in Migration Law

The latest government push to repatriate tens of thousands of undocumented migrants also faces the reality of recidivism of those who have been deported. This reality is being addressed by a proposed amendment to Migration Law 285-04 currently under review and modification in Congress.

The Senate has a proposal that seeks to punish a person who has been deported and returns to the Dominican Republic with fines and possible imprisonment of up to 90 days. The fines and possible imprisonment are on an escalating scale, going from two to five minimum wages and 15 to 30 days in jail for first offenders, to 10 to 20 minimum salaries in fines and up to 90 days in jail or both to third-time offenders.

The legislative proposal also stipulates that if the returnee has been convicted of a crime that originated the deportation in the first place, then the fines are 10 to 20 minimum wages and up to two years in prison or both. In another section of the proposal, the legislators call for fines of up to 50 public sector minimum wages and anywhere between three to five years in prison, or both penalties simultaneously. The proposal also eliminates two legislators from being part of the National Council on Migration.

The Migration Agency says it has “redirected” 23,535 Haitians in the first 17 days of October. Of this total, 15,488 were deported migrants who were detained for lacking the necessary authorization for their legal stay in the country.”

There is a 391 km border with Haiti with fences in areas of less than 30 km of the extension. On market days, entry is free to the Dominican Republic, with no one checking who goes back. The pressure

for Haitians to migrate is on the rise, as little has been done to improve security and social services in Haiti. A minority of Haitians has legal documents, a situation that creates major problems when they migrate to the Dominican Republic.

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21 October 2024