The Association of Home Developers and Builders of Cibao (Aprocovici) denounced yesterday through a press release that agents of the General Directorate of Migration (DGM) have ventured into private properties and development projects construction in different areas of the country during early morning hours without court orderwhich he described as a “way of fact“and an excess contrary to the rule of law.
The president of Aprocovici, Sandy Rodriguezstated that these actions violate fundamental rights protected by the Dominican Constitutionamong them the inviolability of the home, the right to property and due process.
“These operations, carried out without judicial control or legal justification, violate principles essentials of democratic coexistence. “The State cannot, under any circumstances, break into private properties without an order from a competent authority, nor confiscate assets of workers or companies without legal protection,” he said. Rodriguez.
The association maintained that it supports the efforts of the Dominican State to regularize the immigration status of foreign workers, but warned that these processes must be carried out “within the established legal framework”avoiding arbitrary actions that affect constitutional guarantees and the legal certainty of the sector construction.
Migration Response
While the General Directorate of Migration declared that it has legal support to inspect buildings and workplaces without the need for a court order.
Migration maintains that this power is derived from the Law 285-04which regulates migratory flows in the country. In particular, Article 6, paragraph 14, empowers the DGM to “inspect workplaces.”
Furthermore, it indicates that Article 107 establishes that, in order to verify compliance with the provisions, the DGM may carry out inspections at workplaces to take appropriate measures, without prejudice to the verifications and actions undertaken by the Ministry of Labor.
Arguments
According to the legal team of Aprocovicithe actions reported violate express provisions of the Constitutionamong them articles 44 (inviolability of the home and respect for private life), 51 (property right), 68 (effectiveness of constitutional guarantees) and 69 (effective judicial protection and due process).
The entity also cited the General Migration Law No. 285-04which—he emphasizes—does not authorize entry to private properties without court order nor the confiscation of assets outside of a formally established administrative or criminal procedure.
In his statement, Aprocovici described these raids as a “way of fact”that is, a administrative action without legal basis, which contravenes the principle of legality and due process.
The union warned that these actions not only affect individual rights, but also “put at risk the image of the Dominican Republic as a safe country for investment” and generate uncertainty between local and foreign productive sectors.
Rodriguez andurged the authorities to review the protocols of actions of Immigration agents, in order to guarantee that operations are carried out within the constitutional framework and with respect for property rights.
“He respect for the law private property is the basis of legal certainty. We ask the State to maintain the balance between control migratory and the protection of the rights enshrined by the Constitution“added the leader.
“Only when there is evidence”
The DGM He insisted that these raids are carried out only when there is evidence that undocumented immigrants are hiding in the buildings and that they are always carried out in the legal frameworkfor the defense of order, citizen security and with the priority of safeguarding the integrity of the national territory.
He emphasized that the president Luis Abinader and the Defense and Security Council of the State have reiterated the importance of maintaining the social peace and institutional stability, so inspections must be interpreted in the context of the protection of public security and sovereignty, without undermining fundamental rights.
