Florida Senate - 2016                                    SM 1452
       
       
        
       By Senator Smith
       
       31-01586-16                                           20161452__
    1                           Senate Memorial                         
    2         A memorial to the Congress, the President, and the
    3         Secretary of State of the United States, urging the
    4         Congress, the President, and the Secretary of State to
    5         condemn the actions of the Dominican Republic relating
    6         to the impending mass deportation of Dominicans of
    7         Haitian descent and Haitian immigrants and to urge the
    8         Dominican government to halt the impending deportation
    9         and to restore the rights of all its citizens,
   10         residents, and migrants.
   11  
   12         WHEREAS, a 2013 Dominican Republic Constitutional Court
   13  decision stripped Dominicans born after 1929 to parents not of
   14  Dominican ancestry of their citizenship, and
   15         WHEREAS, the ruling affected more than 200,000 Dominican
   16  citizens of Haitian descent, rendering them stateless, and
   17         WHEREAS, the retroactive application of the decision is a
   18  blatant derogation of both international human rights and the
   19  Dominican Republic’s own legal norms, and
   20         WHEREAS, the ruling conflicts with the Inter-American Court
   21  of Human Rights’ decision in Yean and Bosico v. Dominican
   22  Republic, which upheld the rights of all Dominicans regardless
   23  of race, color, or national origin and found that the Dominican
   24  Republic violated the rights of Dominican-born citizens of
   25  Haitian descent by denying them citizenship, and
   26         WHEREAS, the ruling also conflicts with the Inter-American
   27  Court of Human Rights’ decision in Case of Expelled Dominicans
   28  and Haitians v. Dominican Republic, which found the detention,
   29  treatment, and mass expulsion of Haitians and Dominicans of
   30  Haitian descent to be violations of human rights, and
   31         WHEREAS, following the 2013 court ruling, the Dominican
   32  Republic passed a law creating naturalization and regularization
   33  processes, and
   34         WHEREAS, under these processes, Dominicans of Haitian
   35  descent could become naturalized citizens, and undocumented
   36  migrant workers could obtain work permits, and
   37         WHEREAS, those registering for naturalization will be
   38  granted citizenship only if they have proper documentation and
   39  were formally registered when born in the Dominican Republic,
   40  and
   41         WHEREAS, the requirements for naturalization are
   42  challenging, since many Dominicans of Haitian descent do not
   43  have paperwork and were not formally registered, as they were
   44  born in rural areas without access to hospitals, and
   45         WHEREAS, the regularization process required migrant
   46  workers to register and complete the process by June 17, 2015,
   47  or be deported, and
   48         WHEREAS, Haitians make up a significant percentage of
   49  migrant workers in the Dominican Republic, and many Haitian
   50  immigrants are at risk of deportation, and
   51         WHEREAS, fewer than half of the Dominican Republic’s
   52  estimated 500,000 migrant workers have started the
   53  regularization process, and
   54         WHEREAS, the lack of sufficient resources at immigration
   55  processing centers, as well as difficulties in obtaining
   56  appropriate documentation and transportation to the centers,
   57  have reportedly hampered people’s ability to register and
   58  complete the regularization process, and
   59         WHEREAS, there is a risk of illegal deportation of
   60  Dominicans of Haitian descent and migrant workers who have
   61  registered for regularization because the impending deportations
   62  will be large-scale and conducted without adequate screening
   63  mechanisms, and
   64         WHEREAS, the Dominican Republic’s mistreatment of Haitians
   65  predates these recent events, and
   66         WHEREAS, the 1937 Parsley Massacre claimed the lives of
   67  thousands of Haitians after the Dominican Republic’s dictator
   68  ordered the killing of those believed to be Haitian, and
   69         WHEREAS, the Legislature of the State of Florida condemns
   70  the Dominican Republic’s impending mass deportation of Haitian
   71  immigrants given the human rights implications, risk of illegal
   72  deportations, and current ineffectiveness of the regularization
   73  process, and
   74         WHEREAS, these outrageous actions are of grave and
   75  immediate concern to the citizens of this state and nation and
   76  to millions of Haitian Americans, as evidenced by widespread
   77  protests and nationwide demonstrations that have galvanized the
   78  Haitian diaspora, and
   79         WHEREAS, the United States always must stand for human
   80  rights and justice, but the Obama Administration has, to date,
   81  been shamefully silent regarding these massive, ongoing, and
   82  threatened human rights violations, and
   83         WHEREAS, the leadership, political and economic power, and
   84  influence of the United States would be the single most
   85  effective tool in effectuating a reversal of course by Dominican
   86  authorities, and
   87         WHEREAS, many Americans are calling for strong leadership
   88  from the White House and the United States Department of State,
   89  including former Mayor of Baltimore and Governor of Maryland
   90  Martin O’Malley, who, in a June 17, 2015, article in The
   91  Huffington Post entitled “Moral Leadership in Our Own
   92  Hemisphere,” condemned this threatened “abhorrent affront to
   93  human rights by one of our closest neighbors,” and
   94         WHEREAS, the President’s inaction is hypocritical not only
   95  in light of American history and values, but given specific
   96  statements and writings by the President, the Vice President,
   97  and other officials, including United States Ambassador to the
   98  United Nations Samantha Power, on the obligation of the United
   99  States to lead in the face of such outrageous conduct, and
  100         WHEREAS, the events unfolding in the Dominican Republic
  101  over the last few years are reminiscent of infamous historic
  102  injustices, including the 1930s’ Nuremberg Laws that stripped
  103  civil and human rights from German-born Jews, and
  104         WHEREAS, the actions of the Dominican government are as
  105  wrongheaded as if the United States government were to suddenly
  106  decree that blacks born in the United States, Italian Americans,
  107  Irish Americans, or other minorities are not citizens of the
  108  United States, despite generations of citizenship and residence
  109  in the United States, and were then, after an arbitrary and
  110  flawed registration period, to seek to deport them, causing mass
  111  panic, and
  112         WHEREAS, these violations, intimidation, and affronts on
  113  the part of the Dominican government have caused widespread
  114  chaos and tens of thousands of Dominicans of Haitian descent to
  115  flee into Haiti in fear of their lives, and
  116         WHEREAS, this grave injustice, occurring in our own
  117  backyard, is tremendously destabilizing, and threatens to be
  118  increasingly destabilizing, to neighboring Haiti, which, as
  119  Governor O’Malley states, “is still reeling from the second
  120  deadliest earthquake this century, which killed more than
  121  100,000 people. Five years later, 85,000 Haitians remain
  122  homeless, and Haiti’s economy and infrastructure remain in
  123  shambles. The influx of potentially hundreds of thousands of new
  124  residents from the Dominican Republic would only create more
  125  chaos in a country that is desperately in need of humanitarian
  126  assistance and long-term sustainable development,” and
  127         WHEREAS, these violations have grave implications for
  128  Haiti’s stability, Dominican Republic-Haiti relations, regional
  129  security, and the security, credibility, and international
  130  standing of the United States, and
  131         WHEREAS, the eyes of history are on the United States and
  132  the shameful silence of the President of the United States in
  133  the face of these violations, which silence threatens to
  134  permanently stain the President’s legacy, NOW, THEREFORE,
  135  
  136  Be It Resolved by the Legislature of the State of Florida:
  137  
  138         That the Congress, the President, and the Secretary of
  139  State of the United States are urged to condemn the Dominican
  140  Republic’s impending mass deportation of Dominicans of Haitian
  141  descent and Haitian immigrants, and
  142         BE IT FURTHER RESOLVED that the Legislature of the State of
  143  Florida urges the Dominican Republic to:
  144         (1) Overturn its 2013 decision of the Dominican Republic
  145  Constitutional Court, which stripped Dominicans born after 1929
  146  to parents not of Dominican ancestry of their citizenship, and
  147  to restore the rights of such Dominicans.
  148         (2) Issue all appropriate legal identification documents to
  149  Dominican-born citizens, regardless of race, ethnicity, status
  150  in its registry, or other impediment.
  151         (3) Comply with the Inter-American Court of Human Rights’
  152  decisions, Yean and Bosico v. Dominican Republic and Case of
  153  Expelled Dominicans and Haitians v. Dominican Republic.
  154         (4) Take proactive measures to protect the life and
  155  property of Dominicans of Haitian descent, as well as prosecute
  156  and deter any vigilante or state-sponsored violence against
  157  them.
  158         (5) Implement an effective regularization process.
  159         (6) Invite independent observers to monitor the
  160  implementation of the regularization process to ensure due
  161  process.
  162         (7) Discontinue and indefinitely halt all impending
  163  deportations.
  164         BE IT FURTHER RESOLVED that the Legislature of the State of
  165  Florida does hereby condemn the shameful silence of the Obama
  166  Administration in the face of these historic and ongoing
  167  violations.
  168         BE IT FURTHER RESOLVED that the Legislature of the State of
  169  Florida does hereby urge President Barack Obama and Secretary of
  170  State John Kerry to immediately use, and prioritize using, all
  171  of their political and economic power, leverage, and influence
  172  to force the government of the Dominican Republic to immediately
  173  and fully reverse course, cease these violations, and restore
  174  and guarantee the human civil rights of all of its citizens,
  175  residents, and migrants.
  176         BE IT FURTHER RESOLVED that copies of this memorial be
  177  dispatched to the President of the United States, the President
  178  of the United States Senate, the Speaker of the United States
  179  House of Representatives, the Secretary of State of the United
  180  States, and to each member of the Florida delegation to the
  181  United States Congress.