New Residency Problem???

[Texas Bill]

In today's "Dominican Today", an English language publication, there is an article regarding a "New" immigration law.
According to the article, the new law states that unless a person has resided in the DR for a period of 5 years prior to the passage, that person is considered to be "Illegal". There is an inference that this is the case regardless of existing Dominican identifying documentation (ie. a "Cedula depicting "Permanent Residency).
The article is somewhat confusing and incomplete, refering only to the bare-bones of the law.
Sr. Guzman:
Would you research this law (proposed (?)) and give us a legal opinion as to our status (legal or illegal) if we fall into the "5-year category" even if we have a current (though recently issued) Permanent Residency identification card and Cedula?
I'm really confused about this matter.

Texas Bill

[Conchman]

I doubt that they can issue Permanent Residency cards and then say all cards are illegal unless you had them for over 5 years. But then again, anything is possible here.

[Ken]

Everything I have seen on this refers to the undocumented residents. If you have your residency, then you are documented and legal. The people who need to be concerned are the residents who have not felt it necessary, for one reason or other, to make themselves legal residents.

Relax and enjoy the sunshine.

[RHM]

Originally Posted by Ken

Relax and enjoy the sunshine.

This is the best advice I've heard all day.

Nothing has changed. They have to say all of this stuff or else it looks like they are targeting Haitians only...which they are. I would not expect to start seeing foreigners getting bounced out of the country. Unless of course they do something stupid and basically ask for it.

My two pesos,

Scandall

[Ken]

This item in today's dr1 news summary should put your mind at ease, Texas Bill

"Census of foreigners explained
The National Migration Council, which is led by Interior and Police Minister Franklin Almeyda Rancier, warned that foreigners who are not properly registered will be classified as illegal. This is part of the proposed regulations for the application of the General Migration Law, signed on 15 August 2004. The law requires that foreigners must have ID cards or documents that indicate whether they are temporary or permanent residents, or non-resident temporary workers. The law also establishes the deportation of illegal aliens with strict respect for their human rights. Foreigners living in the DR for under five years until the signing of the Migration Law will be considered non-residents."

[newuser]

Originally Posted by Ken

This item in today's dr1 news summary should put your mind at ease, Texas Bill

Foreigners living in the DR for under five years until the signing of the Migration Law will be considered non-residents."

It says foreigners. It makes no reference to legal or not. It is not so clear.

[Ken]

Nothing is clear if you take a sentence out of context like you just did. It also says "The law requires that foreigners must have ID cards or documents that indicate whether they are temporary or permanent residents, or non-resident temporary workers. The law also establishes the deportation of illegal aliens with strict respect for their human rights. Foreigners living in the DR for under five years until the signing of the Migration Law will be considered non-residents."

If you are documented, you are legal, if you are not documented, you have something to worry about.

[Chris]

Ken, I must admit that I also do not understand that last sentence... The original report that I read in Dominican Today was equally confusing. I do not know if something gets lost in translation, but I do not get it...

[Conchman]

Yeah after re-reading it, its clear to me that if you have permanent residency , you have nothing to worry about.

[Ken]

Originally Posted by Chris

Ken, I must admit that I also do not understand that last sentence... The original report that I read in Dominican Today was equally confusing. I do not know if something gets lost in translation, but I do not get it...

Forget the last sentence. Focus on the meat, which is that the DR is going to crack down on undocumented aliens. If you have legal residency, you have nothing to worry about.

You don't have to read Dominican Today to find out what is going on. DR1 has an excellent daily news summary. This is what it reported on Monday:

"7. Foreigners abound in the Dominican Republic
A front-page picture of a Native American Indian, with full headdress, selling gewgaws in Santo Domingo's Colon Park is certainly eye catching. The story reported by El Caribe says that the Dominican Republic does not have the necessary controls to know who is residing in the country. While Haitian nationals are still at the forefront of official concerns at the Migration Department in Santo Domingo, Minister of the Interior and the Police Franklin Almeyda still insists on a national census of foreign residents. There are no mechanisms for controlling the number of undocumented foreign nationals living in the Dominican Republic. Many illegal aliens residing in the country walk freely around the cities with nobody bothering them, because, according to El Caribe, the Migration department only worries about undocumented Haitians. The case of a Spaniard who has lived in the DR for 35 years shows the authorities' inaction when it comes to pursuing other foreign nationals with the same intensity as they go after Haitians. This Spaniard came to the Dominican Republic in 1971 and has never taken out any of the required papers. He told reporters, "I am here because of the relations between this country and Spain." A German man reported that he had been living here for 15 years and nobody has ever bothered him about his residence papers. When asked about this, an official from the legal department of the Migration office told reporters that "it is not the same to buy a ticket to come here from Europe, Asia or any other continent, as it is to walk across the frontier that divides us from Haiti." According to Immigration Department figures, Americans make up the largest foreign population with 10,027 documented residents. There are over 4,500 Cuban residents, and nearly the same number of Spanish legal residents."

Last sentence readers should be reassured by the last 2 sentences in this report. Legal residents in the DR include 10,027 Americans, 4,500 Cubans, 4,500 Spaniards. They are legal because they are documented, meaning they have residency.

But as Scandall says, it looks like they are really targeting Haitians, but trying to make it appear no particular group has been picked on. Nevertheless, they have been threatening for years to get tough with all undocumented residents and this may be the year the crack down begins.