Taking Stock: The Regularization of Migrants in the Dominican Republic

A New Context

On December 26, 2020, President Abinader stated in an interview with the Spanish newspaper El Pais that he wants to give the country "a shock of institutionality and modernity." He maintained that "no civilized society can allow itself to have undocumented citizens in its territory." This observation aligns with liberal countries under the pandemic that have realized the need to keep the population residing in their territory properly documented in order to guarantee expansive official social protection measures for everyone during the global health crisis.

In the case of the Dominican Republic, OBMICA conducted a study at the end of 2020 that underscores the persistent challenges to regularizing migrants with irregular migration status. The report, Assessment of the National Plan for the Regularization of Foreigners in an Irregular Migration Situation in the Dominican Republic, weighs whether the PNRE responded to its stated objectives of granting regular status to those who enrolled based on roots in the country, length of stay, the work migrant workers carry out, among other factors.

Seven years after implementation of the National Plan for the Regularization of Foreigners (PNRE) in the Dominican Republic, and with a new government in office since August 2020: What is the current migration status of the people covered by the Plan, especially in the case of the Haitian migrant population? What recommendations are considered necessary to advance political dialogue in the new political and health environment with a view to seeking durable solutions on this issue?

Between September and October 2020, a series of consultations were carried out with representatives of government institutions, civil society organizations, and international bodies. Prior to these consultations, a literature review was conducted using official sources, academic institutions, social organizations, and media outlets.

The analysis of the evidence gathered in the framework of the research takes into account a context that is still evolving: there is a new government that came to power in mid-August 2020. Added to this is a health and economic crisis since March of that year, in which the country became the epicenter of COVID-19 in the insular Caribbean. For that reason, the International Organization for Migration (IOM) Haiti reported 166,975 spontaneous returns of Haitian migrants to their country between March and October 2020. There are also key reference data provided by the two official surveys on immigrants in the Dominican Republic (ENI 2012 and ENI 2017).

Findings

The study shows that implementation did not meet its stated objectives of granting regular status to those who enrolled in the Plan. At the same time, it documents an effort that should be valued, made sustainable, and oriented toward the stability of immigrants in the country through the granting of residence permits, whether temporary or permanent, while involving in the whole process the actors that shape the migration system, namely government institutions, employers, unions, and civil society organizations, among others.

It should be noted that the competent authorities were simultaneously operating the PNRE and Law 169-14 on naturalization, aimed at Dominicans denationalized by Judgment 168-13, which may have caused confusion among the potential beneficiaries of the different processes. Since September 21, 2020, the resumption of deportations by land of people suspected of not having positive migration status was authorized, ending a pandemic moratorium.

A little less than half of eligible people applied for the Plan (taking ENI 2012 as a reference point), although applications were mostly approved, especially among the majority group of Haitian migrants. Within this group, the percentage of women enrolled in the Plan roughly corresponded to their share (35%) within the Haitian population, according to ENI 2012. Few people received residence, the most common document being that of temporary workers, so that by the end of 2019 official sources indicated that around 200,000 people would have to renew their documentation (or change status where applicable) in 2020.

Barriers

Broadly speaking, the barriers show an ambitious Plan with a very tight deadline and criteria that were difficult to meet for the type of migrant concerned. Those consulted expressed concern about the timely information available and its geographic reach. They regretted delays in the operation of some centers linked to the Plan, especially on the border. The lack of clarity regarding the type of document granted and the processes required for renewal or to change migration category, especially in 2019, stands out. Many social organizations and their representative networks undertook judicial actions to seek reconsideration of emblematic cases, but the Ministry of Interior and Police (MIP) did not respond within the legal timeframe in 2019 nor has it done so to date. Although the General Directorate of Migration made a major effort in 2020 to address document renewal, supported by IOM Dominican Republic, it was not enough in the challenging pandemic context.

Regardless of the commendable efforts by Haitian authorities to issue basic Haitian documentation for people in the Plan, especially through the so-called PIDIH Program, only a minority of Haitians needing this type of document were able to obtain it.

Perspectives

If sustainable solutions are not found to align the Plan with the Migration Law (or amendments to the law and/or its regulations), the modest gains in access to social security promoted under implementation of the Plan could disappear. In the worst case, the country could return to a situation of generalized irregularity, just as it was before the Plan was launched. It should be noted that many countries are grappling with similar issues in the context of the pandemic and there are some good practices of flexibility from which the region of Latin America and the Caribbean, as well as Europe, can learn. A set of recommendations is proposed, including the following.

Recommendations

• As procedures are clarified for migrants with expired documents, and taking into account the ongoing health crisis, consider establishing a moratorium on land deportations of people with irregular migration status.
• Include in political dialogue responses to the reconsideration appeals filed with the Ministry of Interior and Police (MIP), in keeping with the judicial actions mentioned above.
• Provide more information to migrants and those accompanying them, expand political dialogue with the State, and promote a real understanding of the policy options that respond to their condition and reality.
• Guide and provide clear information to affected people so they can take charge of their own process and know the rights they have with regular status.
• Follow up on the idea of generating a pool of foreign workers to link them on a permanent basis alongside Dominican workers.
• Ensure, through the competent authorities in the Ministry of Labor, Social Security, the Superintendency of Banks, among others, that different entities recognize the official validity of documents issued to PNRE beneficiaries so they can be used for multiple purposes beyond access to social security.
• Deepen the measures needed to ensure that the PNRE and the migration law are compatible and, if necessary, make the legislative adjustments required for that purpose, taking into account the challenges and needs of migrant women.
• Take advantage of the Second National Survey of Immigrants (ENI 2017), particularly the variable measuring the number of irregular immigrants who remained outside the PNRE, to adopt the corrective measures required.
• Following the new commitments of the incoming government on this matter, strengthen the special treatment granted to some retired sugarcane workers, their relatives, and their representative organizations, as an exceptional case requiring the granting of pensions and permanent residence.
• Gather good practices from similar contexts in order to assess their possible adoption in the Dominican context.

The full study is available. Hopefully 2021 will be the year in which the shift toward institutionality in migration matters so strongly promoted by President Abinader becomes concrete.