Miami-Dade Legislative Item
File Number: 151562
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File Number: 151562 File Type: Resolution Status: Adopted
Version: 0 Reference: R-527-15 Control: Board of County Commissioners
File Name: HAITIAN IMMIGRANTS Introduced: 6/30/2015
Requester: NONE Cost: Final Action: 6/30/2015
Agenda Date: 6/30/2015 Agenda Item Number: 11A27SUBSTITUTE
Notes: Title: RESOLUTION CONDEMNING THE DOMINICAN REPUBLIC’S IMPENDING MASS DEPORTATION OF HAITIAN IMMIGRANTS; AND URGING THE DOMINICAN REPUBLIC TO COMPLY WITH INTERNATIONAL HUMAN RIGHTS LAW, AND HALT ALL IMPENDING DEPORTATIONS (SEE ORIGINAL ITEM UNDER FILE NO. 151502)
Indexes: IMMIGRATION
Sponsors: Jean Monestime, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 6/30/2015 11A27 SUB Adopted P
REPORT: First County Attorney Abigail Price Williams indicated a motion was in order to add the foregoing proposed resolution to the meeting agenda. It was moved by Commissioner Moss that the foregoing proposed resolution be added to today’s (6/30) agenda. This motion was seconded by Commissioner Bovo, and upon being put to a vote passed by a vote of 13-0. Dr. Pandwe Gibson, 667 NW 90 Street, Miami, appeared before the Board in connection with the foregoing proposed resolution and noted the need for stronger language relating to the Dominican Republic’s deportation of Haitian nationals from its territory that would sanction tourism and commerce, similar to legislation enacted by the Mayor of New York City. Ms. Francesca Menes, 16851 NE 23 Avenue, North Miami Beach, representing the Florida Immigrant Coalition, appeared before the Board in support of the foregoing proposed resolution. Mr. Edward Shohat, 800 Brickell Avenue, Miami, Vice Chair, Miami-Dade County Community Relations Board (CRB), appeared before the Board and commented on the CRB’s concern about the mass deportation of Haitians from the Dominican Republic. Hearing no further comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

County Attorney 6/30/2015 Assigned Altanese Phenelus 6/30/2015

Legislative Text


TITLE
RESOLUTION CONDEMNING THE DOMINICAN REPUBLICíS IMPENDING MASS DEPORTATION OF HAITIAN IMMIGRANTS; AND URGING THE DOMINICAN REPUBLIC TO COMPLY WITH INTERNATIONAL HUMAN RIGHTS LAW, AND HALT ALL IMPENDING DEPORTATIONS


WHEREAS, a 2013 Dominican Republic court decision stripped away the citizenship of Dominicans born after 1929 to parents not of Dominican ancestry; and
WHEREAS, the ruling affected more than 200,000 Dominican citizens of Haitian descent, rendering them stateless; and
>>WHEREAS, the decisionís retroactive application is a blatant derogation of both international human rights law and the Dominican Republicís own legal norms; and
WHEREAS, the ruling conflicts with the Inter-American Court of Human Rights decision in Yean and Bosico v. Dominican Republic, which upheld the rights of all Dominicans regardless of race, color, or national origin, and found that the Dominican Republic violated the rights of Dominican born citizens of Haitian descent by denying them citizenship; and
WHEREAS, the ruling also conflicts with the Inter-American Court of Human Rights decision in Case of Expelled Dominican and Haitian People v. Dominican Republic, which found the detention, treatment, and mass expulsion of Haitians and Dominicans of Haitian descent to be violations of human rights; and<<
WHEREAS, following the >>2013<< court ruling, the Dominican Republic passed a law creating naturalization and regularization processes; and
WHEREAS, Dominicans of Haitian descent could become naturalized citizens through the naturalization process and undocumented migrant workers could obtain work permits through the regularization process; and
WHEREAS, those registering for naturalization will be granted citizenship if they have proper documentation and were formally registered when born in the Dominican Republic; and
WHEREAS, the naturalization process is challenging because many Dominicans of Haitian descent do not have proper paperwork and were not formally registered since they were born in rural areas without access to hospitals; and
WHEREAS, the regularization process required migrant workers to register and complete the process by June 17, 2015 or be deported; and
WHEREAS, Haitians make up a large percentage of migrant workers in the Dominican Republic, leaving a large population of Haitian immigrants at risk of deportation; and
WHEREAS, less than half of the Dominican Republicís estimated 500,000 migrant workers have started the regularization process; and
WHEREAS, the migrant workers who have registered for regularization have been granted a 45-day grace period to complete the process; and
WHEREAS, under-resourced immigration processing centers, as well as difficulties in obtaining appropriate paperwork and transportation to processing centers, have reportedly hampered peopleís ability to register and complete the regularization process; and
WHEREAS, there is a risk of illegal deportation of Dominicans of Haitian descent and migrant workers who have registered for regularization because the impending deportations will be large-scale and likely lack adequate screening mechanisms; and
WHEREAS, the Dominican Republicís treatment of Haitians predates the recent events concerning the possible mass deportation of Haitians; and
WHEREAS, the 1937 Parsely Massacre claimed the lives of thousands of Haitians after the Dominican Republicís dictator ordered the killing of those believed to be Haitian; and
WHEREAS, this Board condemns the Dominican Republicís impending mass deportation of Haitian immigrants given the human rights implications, risk of illegal deportations, and current ineffectiveness of the regularization process,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Condemns the Dominican Republicís impending mass deportation of Haitian immigrants.
>> Section 2. Urges the Dominican Republic to:
(1) Overturn its 2013 decision that stripped away the citizenship of Dominicans born
after 1929 to parents not of Dominican ancestry, and restore the rights of such Dominicans.
(2) Issue all appropriate legal identity documents to Dominican born citizens, regardless
of race, ethnicity, status in its registry, or other impediment.
(3) Comply with the Inter-American Court of Human Rights decisions, Yean and Bosico
v. Dominican Republic and Case of Expelled Dominican and Haitian People v. Dominican Republic.
(4) Take proactive measures to protect the life and property of Dominicans of Haitian
descent as well as prosecute and deter any vigilante or state-sponsored violence against them.
(5) Implement an effective regularization process.
(6) Invite independent observers to monitor the implementation of the regularization
scheme to ensure due process.
(7) Discontinue and indefinitely halt all impending deportations.<<
Section [[2]]>>3<<. Directs the Clerk of the Board to transmit a certified copy of this resolution to United States President Barack Obama, Dominican Republic President Danilo Medina, and United States Ambassador to the Dominican Republic James Brewster.


1 The differences between the substitute and the original item are indicated as follows: Words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< are added.



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