Dominican Supreme Court Upholds Denial of Nationality by Birth by Aliens

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Friday, 02 December 2011 19:56

SANTO DOMINGO, Dominican Republic ( - The Dominican Supreme Court upheld the the denial of nationality to descendants of illegal foreigners including Haitians, who share the island.

It was a Dominican Central Electoral Board (JCE) Resolution 17 which instructed civil registrars to abstain from issuing and signing off on copies of birth certificate to children of illegal foreigners in the country.

In its ruling #460, the Dominican Supreme Court refused to hear the appeal filed July 22, 2008, by Emildo Bueno Oguis, in which he claims that the JCE broke the law.

The document states that when Bueno requested a copy of his birth certificate he was referred to the Central Office of the Civil State for analysis, because the Bueno's parents were not citizens of the Dominican Republic, but Haitian, the request was denied.

Bueno considered it a violation of the law. Bueno requested the birth certificate in the Civil Registrar at Esperanza, Valverde province.

The Supreme Court ruled that the JCE acted based on provisions of the Constitution and in compliance with Law 659 on provisions and regulations, which deny the Dominican nationality to children of foreigners illegally residing in the country.

It also denies acquiring the nationality to offspring of those in transit or Jus Solis (by soil) when the mothers who have children when they live illegally in the country.