Florida Senate - 2016 (NP) SR 1792 By Senator Smith 31-04365-16 20161792__ 1 Senate Resolution 2 A resolution condemning the actions of the Dominican 3 Republic relating to the impending mass deportation of 4 Dominicans of Haitian descent and Haitian migrants and 5 urging the Dominican government to halt the impending 6 deportation and to restore the rights of all its 7 citizens, residents, and migrants. 8 9 WHEREAS, a 2013 Dominican Republic Constitutional Court 10 decision stripped Dominicans born after 1929 to parents not of 11 Dominican ancestry of their citizenship, and 12 WHEREAS, the ruling affected more than 200,000 Dominican 13 citizens of Haitian descent, rendering them stateless, and 14 WHEREAS, the retroactive application of the decision is a 15 blatant derogation of both international human rights and the 16 Dominican Republic’s own legal norms, and 17 WHEREAS, the ruling conflicts with the Inter-American Court 18 of Human Rights’ decision in Yean and Bosico v. Dominican 19 Republic, which upheld the rights of all Dominicans regardless 20 of race, color, or national origin and found that the Dominican 21 Republic violated the rights of Dominican-born citizens of 22 Haitian descent by denying them citizenship, and 23 WHEREAS, the ruling also conflicts with the Inter-American 24 Court of Human Rights’ decision in Case of Expelled Dominicans 25 and Haitians v. Dominican Republic, which found the detention, 26 treatment, and mass expulsion of Haitians and Dominicans of 27 Haitian descent to be violations of human rights, and 28 WHEREAS, following the 2013 court ruling, the Dominican 29 Republic passed a law creating naturalization and regularization 30 processes, and 31 WHEREAS, under these processes, Dominicans of Haitian 32 descent could become naturalized citizens, and undocumented 33 migrant workers could obtain work permits, and 34 WHEREAS, those registering for naturalization will be 35 granted citizenship only if they have proper documentation and 36 were formally registered when born in the Dominican Republic, 37 and 38 WHEREAS, the requirements for naturalization are 39 challenging, since many Dominicans of Haitian descent do not 40 have paperwork and were not formally registered because they 41 were born in rural areas without access to hospitals, and 42 WHEREAS, the regularization process required migrant 43 workers to register and complete the process by June 17, 2015, 44 or be deported, and 45 WHEREAS, Haitians make up a significant percentage of 46 migrant workers in the Dominican Republic, and many Haitian 47 immigrants are at risk of deportation, and 48 WHEREAS, fewer than half of the Dominican Republic’s 49 estimated 500,000 migrant workers have started the 50 regularization process, and 51 WHEREAS, the lack of sufficient resources at immigration 52 processing centers, as well as difficulties in obtaining 53 appropriate documentation and transportation to the centers, has 54 reportedly hampered people’s ability to register and complete 55 the regularization process, and 56 WHEREAS, there is a risk of illegal deportation of 57 Dominicans of Haitian descent and migrant workers who have 58 registered for regularization because the impending deportations 59 will be on a large scale and conducted without adequate 60 screening mechanisms, and 61 WHEREAS, the Dominican Republic’s mistreatment of Haitians 62 predates these recent events, and 63 WHEREAS, the 1937 Parsley Massacre claimed the lives of 64 thousands of Haitians after the Dominican Republic’s dictator 65 ordered the killing of those believed to be Haitian, and 66 WHEREAS, the Legislature of the State of Florida condemns 67 the Dominican Republic’s impending mass deportation of Haitian 68 immigrants, given the human rights implications, risk of illegal 69 deportations, and current ineffectiveness of the regularization 70 process, and 71 WHEREAS, these outrageous actions are of grave and 72 immediate concern to the citizens of this state and nation and 73 to millions of Haitian Americans, as evidenced by widespread 74 protests and nationwide demonstrations that have galvanized the 75 Haitian diaspora, and 76 WHEREAS, the United States always must stand for human 77 rights and justice, but the Obama Administration has, to date, 78 been shamefully silent regarding these massive, ongoing, and 79 threatened human rights violations, and 80 WHEREAS, the leadership, political and economic power, and 81 influence of the United States would be the single most 82 effective tool in achieving a reversal of course by Dominican 83 authorities, and 84 WHEREAS, many Americans are calling for strong leadership 85 from the White House and the United States Department of State, 86 including former Mayor of Baltimore and Governor of Maryland 87 Martin O’Malley, who, in a June 17, 2015, article in The 88 Huffington Post entitled “Moral Leadership in Our Own 89 Hemisphere,” condemned this threatened “abhorrent affront to 90 human rights by one of our closest neighbors,” and 91 WHEREAS, the President’s inaction is hypocritical not only 92 in light of American history and values, but given specific 93 statements and writings by the President, the Vice President, 94 and other officials, including United States Ambassador to the 95 United Nations Samantha Power, on the obligation of the United 96 States to lead in the face of such outrageous conduct, and 97 WHEREAS, the events unfolding in the Dominican Republic 98 over the last few years are reminiscent of infamous historic 99 injustices, including the 1930s’ Nuremberg Laws that stripped 100 civil and human rights from German-born Jews, and 101 WHEREAS, the actions of the Dominican government are as 102 wrongheaded as if the United States government were to suddenly 103 decree that blacks born in this country, Italian Americans, 104 Irish Americans, or other minorities are not citizens of the 105 United States, despite generations of citizenship and residence 106 in the United States, and seek to deport them, causing mass 107 panic, and 108 WHEREAS, these violations, intimidation, and affronts on 109 the part of the Dominican government have caused widespread 110 chaos and tens of thousands of Dominicans of Haitian descent to 111 flee into Haiti in fear of their lives, and 112 WHEREAS, this grave injustice, occurring in our own 113 backyard, is tremendously destabilizing and threatens to be 114 increasingly destabilizing to neighboring Haiti, which, as 115 Governor O’Malley states, “is still reeling from the second 116 deadliest earthquake this century, which killed more than 117 100,000 people. Five years later, 85,000 Haitians remain 118 homeless, and Haiti’s economy and infrastructure remain in 119 shambles. The influx of potentially hundreds of thousands of new 120 residents from the Dominican Republic would only create more 121 chaos in a country that is desperately in need of humanitarian 122 assistance and long-term sustainable development,” and 123 WHEREAS, these violations have grave implications for 124 Haiti’s stability, Dominican Republic-Haiti relations, regional 125 security, and the security, credibility, and international 126 standing of the United States, and 127 WHEREAS, the eyes of history are on the United States and 128 the shameful silence of the President of the United States in 129 the face of these violations, which silence threatens to 130 permanently stain the President’s legacy, NOW, THEREFORE, 131 132 Be It Resolved by the Senate of the State of Florida: 133 134 That the Dominican Republic’s impending mass deportation of 135 Dominicans of Haitian descent and Haitian immigrants is 136 condemned. 137 BE IT FURTHER RESOLVED that the Senate of the State of 138 Florida urges the Dominican Republic to: 139 (1) Overturn its 2013 decision of the Dominican Republic 140 Constitutional Court, which stripped Dominicans born after 1929 141 to parents not of Dominican ancestry of their citizenship, and 142 to restore the rights of such Dominicans. 143 (2) Issue all appropriate legal identification documents to 144 Dominican-born citizens, regardless of race, ethnicity, status 145 in its registry, or other impediment. 146 (3) Comply with the Inter-American Court of Human Rights’ 147 decisions, Yean and Bosico v. Dominican Republic and Case of 148 Expelled Dominicans and Haitians v. Dominican Republic. 149 (4) Take proactive measures to protect the life and 150 property of Dominicans of Haitian descent, as well as prosecute 151 and deter any vigilante or state-sponsored violence against 152 them. 153 (5) Implement an effective regularization process. 154 (6) Invite independent observers to monitor the 155 implementation of the regularization process to ensure due 156 process. 157 (7) Discontinue and indefinitely halt all impending 158 deportations. 159 BE IT FURTHER RESOLVED that the Senate of the State of 160 Florida does hereby condemn the shameful silence of the Obama 161 Administration in the face of these historic and ongoing 162 violations. 163 BE IT FURTHER RESOLVED that the Senate of the State of 164 Florida urges the government of the Dominican Republic to 165 immediately and fully reverse course, cease these violations, 166 and restore and guarantee the human and civil rights of all of 167 its citizens, residents, and migrants.