DOMINICAN DENATIONALIZATION: A Discussion of TC0168-13 and Factors of Dominican Immigration Policy

Abstract

In September 2013, the Constitutional Court of the Dominican Republic passed ruling TC0168-13. This court decision interpreted the 2010 Constitution of the Dominican Republic to determine that many Haitian migrant workers or their descendants in the country from as far back as 1929 no longer were entitled to Dominican citizenship. An estimated 240,000 ethnic Haitians were rendered stateless and the consequent policing for undocumented immigrants has violated several human rights agreements, attracting the attention of many transnational rights organizations. Scholars often point to anti-Haitianism as the leading cause for the ruling, but here I suggest that the issue is triggered by economy. I describe the history of relations between Haiti and the Dominican Republic, the difference between borders and boundaries and how definitions change over time. I break down the ruling and discuss how domestic as well as international law is violated by the government’s policies in light of the ruling. I then introduce ideas of economic influence on migration by discussing works of other scholars on the subject. I conclude with questions and points for further study, in hopes of continuing research on the topic after furthering my understanding of economy and immigration policy.