19
Aug

In the Dominican Republic, the entry and stay of foreigners is regulated by Immigration Law No. 285-04 . According to this law, there are several reasons why a foreign national may be detained or even deported if they violate it. Therefore, it is very important to keep certain points in mind when visiting the Dominican Republic.

Below, we aim to provide information about these reasons as well as the different types of deportation that exist under the law, which may be relevant depending on the case.

Reasons for Detention and Possible Grounds for Deportation 

Citizens of other countries may be subject to detention as well as eventual deportation due to various violations of immigration law. These reasons include:

– Entering the Dominican Republic ilegally.

– Entering with the intention of traveling to another country ilegally.

– Expiration of the Tourist Stay Period granted by the General Directorate of Migration upon entry into Dominican territory.

– Failing to leave the country within the time limit set by the General Directorate of Migration after having their stay canceled.

– Violating public order regulations.

– Committing minor offenses or crimes against individuals or the Dominican State.

– Or simply not having legal status, due to the expiration of the tourist visa or any other immigration condition under which the person entered the country.

Important: These points are not related to elements such as:

1. International alerts (e.g., Interpol notices)

2. An Extradition Order

3. Being criminally prosecuted for any offense under the laws of the Dominican Republic

These are separate cases and processes from a deportation order and therefore follow different legal procedures.

The Administrative Deportation Process 

When it is determined that a foreign national has violated the immigration law and must therefore be expelled from the country, the General Directorate of Migration initiates a series of steps, including:

A) Requesting a background check from the Office of the Attorney General of the Republic.

B) Submitting a report to the Ministry of Foreign Affairs.

C) Notifying the embassy, consulate, or governmental authority of the foreign national’s country of origin.

If detained by Dominican immigration authorities, the correct action is to present all documentation proving the legality of your stay in the Dominican Republic. If any irregularities are found in your travel documents, the General Directorate of Migration may proceed with the immediate expulsion process, following the corresponding legal mechanisms. Article 136 states:

“Any foreigner, whether legally or illegally present in the territory of the Dominican Republic, who is subject to an expulsion order, has the right to exercise the legal guarantees granted by the law.”

Voluntary vs. Involuntary Deportation 

In the Dominican Republic, there are two types of deportation: voluntary and involuntary. These differ significantly from each other, both in terms of processing time for the deported person and for the authorities.

Often, voluntary deportation is advisable because the time of detention or holding is minimal, unlike involuntary deportation, where one could remain in custody indefinitely under less-than-ideal conditions.

However, certain requirements must be met in order to request voluntary deportation.

Requirements for Requesting Voluntary Deportation

1- Purchase of airline ticket: The applicant must ensure the purchase of an airline ticket to their country of origin.

2- No criminal proceedings: The individual must not be involved in crimes or offenses that carry prison sentences, in accordance with the Dominican Penal Code.

3- Good diplomatic relations: The feasibility and lenght of the process may depend on the existing diplomatic conditions between the Dominican Republic and the applicant’s country.

The request for voluntary deportation must be submitted through a written petition addressed to the Office of the Director General of Migration. It must include the foreign citizen’s identification document and other documents, which will be determined after evaluating the case.

In conclusion, if you are detained by Dominican immigration authorities, it is advisable to hire an attorney and begin a voluntary deportation order to expedite the process.

At our law firm, Morillo Suriel Attorneys at Law, we have a specialized division in Dominican Immigration and Immigration, through which we can assist you with any questions or concerns you may have on the subject.