284. On January 26, 2010, a constitutional amendment was published (supra para. 178)
establishing that: “[t]he following are Dominicans: those born in national territory, with
the exception of the children of aliens […] who are in transit or reside illegally in
Dominican territory. A person in transit is considered to be any alien defined as such by
Dominican laws.” Later, article 68 of Migration Regulations No. 631-11 of 2011 (supra
footnote 163) established that “for the purposes of application of the [Migration] Law and
these regulations, non-resident aliens and aliens who enter or have entered and who live
or have lived in Dominican territory without a legal immigration status under the
immigration laws are considered persons in transit.”
285. Also, the Constitutional Court in judgment TC/0168/13 of September 23, 2013,
(supra paras. 13 and 179), reiterated the opinion of the Supreme Court in the said 2005
judgment with regard to the concept of “aliens in transit” and stated that:
Aliens who remain in the country without a legal resident permit or those who have entered the
country illegally, are in an irregular migratory situation and, therefore, are violating domestic law
[…]. Thus, such persons may not claim that their children born in the country have the right to
obtain Dominican nationality under the said article 11(1) of the 1966 Constitution, because it is
juridically inadmissible to found the inception of a right on a de facto illegal situation. 333
286. In addition, in the same 2013 judgment, the Constitutional Court stipulated that:
The aliens in transit who appear in all the Dominican Constitutions as of […] 1929 […]
correspond to all the four groups that later were globally designated non-immigrant foreign
workers in […] article 3 of Immigration Law [No.] 95 of 1939[ 334] and in the said second Section
of Immigration Regulations [...] [No.] 279 of the same year[ 335]. Thus, aliens in transit should
not be confused with transient aliens […] who […] are only the second of the said four groups of
persons who compose the category of the said non-immigrant foreign workers […]; in other
words, of the aliens in transit. […]
Children born in the country of parents who form part of these four groups of persons are
excluded, as an exception, from the […] acquisition of Dominican nationality by application of the
principle of ius soli. […] Aliens in transit who change their migratory situation and obtain a legal
residence permit in the country then become part of the category of foreign immigrants, […] so
that their children born in national territory do acquire Dominican nationality under the principle
of ius soli (bold and italics in the original text).
287. The Constitutional Court also referred to paragraph 157 of the judgment of the InterAmerican Court in the Case of the Yean and Bosico Girls v. Dominican Republic, which
indicated the following:
In addition to the foregoing, the [Inter-American] Court finds it desirable to refer to Section V of
the Dominican Republic’s Immigration Regulations No. 279 of May 12, 1939, […] which clearly
establishes that the purpose of the transient is merely to pass through the territory and, to this
end, sets a time frame of no more than 10 days. 336
333
Constitutional Court, Judgment TC/0168/13 of September 23, 2013, pp. 65 and 66.
334
Article 3 of Immigration Law No. 95 establishes: “Aliens who wish to be admitted into Dominican territory
shall be considered immigrants or non-immigrants. Aliens who wish to be admitted shall be considered
immigrants, unless they fall within one of the following categories of non-immigrants: 1. Visitors for purposes of
business, study, recreation or sightseeing; 2. Persons who travel across the territory of the Republic on their way
to another country; 3. Persons who are employed in ships or aircraft; 4. Temporary unskilled workers and their
families.
335
Immigration Regulations No. 279, stipulates that: “(a) The following categories of aliens who try to be
admitted to the [Dominican] Republic, are non-immigrants: 1. Visitors for purposes of business, study, recreation
or sightseeing; 2. Persons who travel across the territory of the Republic on their way to another country; 3.
Persons who are employed in ships or aircraft; 4. Temporary unskilled workers and their families. (b) All other
aliens shall be considered immigrants, except those persons who occupy a diplomatic or consular post, as
determined by article 16 of the Immigration Law.”
336
Section V of Immigration Regulations No. 279 of May 12, 1939, establishes that: “(a) Aliens who try to
enter the [Dominican] Republic for the main purpose of passing through the country to another country shall be
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