A/HRC/7/19/Add.5 A/HRC/7/23/Add.3 Page 22 of identity documents to Dominicans of Haitian descent. The judges undertook to examine these cases before presentation of this report to the Human Rights Council. B. Implications of denial or deprivation of civil status or citizenship 78. The following section considers briefly some of the aspects of life without documentation for people of Haitian descent living in the Dominican Republic. 1. Deportations and expulsions 79. Civil society representatives and community members highlighted a number of serious concerns regarding Government deportation practices of people they claim are illegal migrants. Particularly in border areas, a degree of chaos is permitted by security and border guards because it gives cover to their discriminatory actions and corrupt practices. The colour of one’s skin is the primary determinant of the ease with which you can cross the border without documents or fall victim to deportation or expulsion. There is consistent testimony of indiscriminate and arbitrary deportations, lacking in the protection of due process. Dominican citizens of Haitian descent and long-settled Haitians are as likely as recent migrants to be deported without adequate opportunity to argue any distinctions. Deportations occur so rapidly that family members are not informed. Parents are deported leaving children unaccompanied. Ill-treatment and abuse during deportation is reportedly common. Legitimate identification documents, including cédulas and birth certificates are confiscated by authorities conducting deportation “sweeps” and deportees are generally not given opportunities to secure their housing and property. Accounts are given of deportations being arranged between employers and authorities to enable employers to avoid paying wages. Particular concern was expressed at the practice of collective or mass expulsions. 80. Article 137 of Migration Law No. 258-04 establishes that deportations and expulsions have to be on proper grounds and those detained informed of legal remedies. It further notes the requirement to adhere to the principle of due process, to be specified in the regulations governing the implementation of the law. Since regulations implementing Law No. 258-04 have not been promulgated, the experts were informed of the principles governing deportation procedures under previous migration regulation No. 279. 10 The experts seek clarification as to which regulations are currently in operation. 81. The General Director of Migration informed the experts of the legal framework for deportation and repatriation and the 1999 memorandum of understanding with the Government of Haiti. He noted that those detained, if they do not have documentation with them, are given the opportunity, via a third party, to locate their documentation. He noted an express mandate from the President to act against those who have fraudulently acquired Dominican documents. He emphasized that those who can demonstrate family ties in the Dominican Republic will not 10 That regulation establishes that migration officials can initiate an investigation into an individual's immigration status if they have reason to believe that the person is deportable. The investigation official must then request an arrest warrant from the Director General of Migration, noting the facts of the case and the specific grounds for deportation. If the suspect does not admit to the charges of deportability, the investigation official must present proof of his or her deportability. The suspect must have an opportunity to rebut that proof. The proof presented by the immigration official and the suspect’s rebuttal must be transmitted to the Secretary of State of the Interior and Police, who will render a final decision.