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.