What Is the Citizenship and Entry into Israel Law?
The Citizenship and Entry into Israel Law (Temporary Order), 5782-2022 is an Israeli law that restricts Israeli citizenship or residency from Palestinians whose spouses are residing legally in Israel. (The entire English translation of a previous version with slightly different section numbering can be found in HCJ 7052/03.) The law was reenacted in 2022 after originally being temporarily enacted in 2003, during the second intifada, and has since been renewed for one year at a time—until 2021, when the 24th Knesset refrained from renewing it. The law in its current form was also enacted temporarily and requires periodic renewal.
In this article, attorney Joshua Pex, a founding partner of our firm who heads the department for immigration to Israel at the firm, will review the background to the enactment of the law and its main sections. Our law firm, which specializes in immigration to Israel and has branches in Jerusalem and Tel Aviv, also specializes, among other areas, in the Citizenship and Entry into Israel Law and in arranging the legal status of Palestinians in Israel who are spouses of legal Israeli residents.
WHY WAS THE CITIZENSHIP AND ENTRY INTO ISRAEL LAW ENACTED?
There are two motivations for the law: (1) security—the concern that Palestinians holding an Israeli ID card due to family reunification with Arab citizens or residents of Israel will continue carrying out hostile terrorist activities, as has often occurred during the second intifada, while taking advantage of their status in Israel that allows them to move freely between the territories of the Palestinian Authority and Israel; (2) demography—the concern that uncontrolled migration of the Arab population into the territory of the State of Israel will constitute a threat to the future of Israel as a Jewish and democratic state. This motivation is considered to be more problematic in its nature, since it violates the human rights of the Arab minority in Israel. Therefore, Israel tries to hide the fact that this motivation is one of the reasons for enacting the law.
WHAT WAS DECIDED IN THE FAMILY REUNIFICATION SUPREME COURT RULING?
Already in 2003, when the law was originally enacted, it was controversial. Various claims were filed at court regarding the legality of the law, and these were combined into one hearing that was referred to as the family reunification Supreme Court lawsuit (HCJ 466/07). The claims were eventually dismissed on the edge of a single vote, six judges against five. Although the majority of judges recognized the constitutional right to a family life, they decided that the State of Israel is not obliged to allow the plaintiffs to conduct their family lives necessarily within the borders of Israel. The judges also ruled that violating the plaintiffs’ constitutional rights was a “proportional measure” and, therefore, the Supreme Court confirmed the law.
WHAT IS THE AIM OF THE CITIZENSHIP AND ENTRY INTO ISRAEL LAW?
Section 1 of the law (see Knesset News from March 10, 2022) states that: “The purpose of this law is to establish restrictions on citizenship and residence in Israel by citizens or residents of hostile countries or from the region, alongside irregular arrangements for residence licenses or permits to stay in Israel—all while taking into consideration the fact that Israel is a Jewish and democratic state, and in a manner that will ensure safeguarding of vital interests for the state’s national security.”
TO WHOM DOES THE CITIZENSHIP AND ENTRY INTO ISRAEL LAW APPLY?
Section 2 of the law defines “the area” (or “the region”) as “any of the following: Judaea, Samaria and the Gaza Strip,” and “resident of the area” as “whoever is registered in the population register of the area, and also whoever is living in the area even without being registered in the population register of the area, except for a resident of an Israeli town in the area”—meaning, of course, to exempt residents of Israeli settlements, who are not meant to be included in the law. According to the addition to the law, excluding the “area” (the so-called occupied territories), the significant provisions of the law also apply to residents of the enemy countries Iran, Lebanon, Syria, and Iraq.
WHAT ARE THE RESTRICTIONS ON CITIZENSHIP AND STAYING IN ISRAEL THAT ARE STIPULATED BY THE CITIZENSHIP AND ENTRY INTO ISRAEL LAW?
Section 3 states: “As long as this law is valid, notwithstanding what is stated in any law including section 7 of the Citizenship Law, the Minister of the Interior shall not grant citizenship under the Citizenship Law to a resident of an area [or to a citizen or resident of a state listed in the addition to the law] nor shall he give him a license to reside in Israel under the Entry into Israel Law, and the area commander shall not give a resident as aforesaid a permit to stay in Israel under the security legislation in the area.” (The parentheses include an addition to the law appearing in the updated version.)
WHAT ARE THE EXCEPTIONS TO THE RESTRICTIONS STIPULATED IN THE CITIZENSHIP AND ENTRY INTO ISRAEL LAW?
- Stay permit for spouses: Section 4 of the law stipulates: “Notwithstanding the provisions of section 3, the Minister of the Interior may, at his discretion, approve an application of a resident of the area to receive a permit to stay in Israel from the area commander—(1) with regard to a male resident of an area whose age exceeds 35 years—in order to prevent his separation from his spouse who lives lawfully in Israel; (2) with regard to a female resident of an area whose age exceeds 25 years—in order to prevent her separation from her spouse who lives lawfully in Israel”;
- Temporary residency license for spouses with a permit: Section 5 stipulates that, notwithstanding the provisions of section 3, the Minister of the Interior may, at his discretion, grant a temporary license to reside in Israel to an inhabitant of the area whose spouse is an Israeli citizen or resident, if the inhabitant has a permit to stay in Israel from the commander of the area and he is staying in Israel lawfully based on that permit, and for whom the following two conditions are met: (1) he is over 50 years old; (2) he has stayed lawfully in Israel for at least 10 years. Section 10 of the law stipulates that a temporary license to reside in Israel that was granted under this law will be valid for a period of two years.
- Permit for children: Section 6 of the law stipulates: “Notwithstanding the provisions of section 3, the Minister of the Interior, at his discretion, may—(1) give a minor under the age of 14 years, who is a resident of an area, a license to live in Israel in order to prevent his separation from his custodial parent who lives lawfully in Israel; (2) approve an application to obtain a permit to live in Israel from the area commander for a minor under the age of 14 years, who is a resident of the area, in order to prevent his separation from his custodial parent who lives lawfully in Israel, provided that such a permit shall not be extended if the minor does not live permanently in Israel.”
- Permit and license in special humanitarian cases: Section 7 of the law stipulates: (a) Notwithstanding the provisions of section 3, the Minister of the Interior may, on the recommendation of a professional committee that was appointed by the Minister for this purpose (in this section—the committee)—(1) grant a temporary license to live in Israel to an inhabitant of an area, or to a citizen or resident of a state listed in the addition to the law, who has a family member living lawfully in Israel; (2) to approve an application of an inhabitant of an area who has a family member living lawfully in Israel to receive a stay permit in Israel from the area commander. Section 7(b) grants the Minister of Interior the right to appoint committees to examine special humanitarian applications and to decide who will be in these committees.
- Additional permits: Section 8 of the law stipulates: “Notwithstanding the provisions of section 3, the area commander may give a permit to stay in Israel for the following purposes: (1) medical treatment; (2) work in Israel; (3) a temporary purpose, provided that the permit to stay for the aforesaid purpose shall be given for a cumulative period that does not exceed six months.”
- Special permit: Section 9 of the law stipulates: “Notwithstanding the provisions of section 3, the Minister of the Interior may grant citizenship or give a license to live in Israel to a resident of an area [or to a citizen or resident of a state listed in the addition to the law], and the area commander may give a resident of an area a permit to stay in Israel, if they are persuaded that the resident of the area [or the aforesaid resident or citizen] identifies with the State of Israel and its goals and that he or a member of his family has made a real contribution to promoting security, the economy or another important interest of the State, or that the granting of citizenship, giving the license to live in Israel or giving the permit to stay in Israel, as applicable, are a special interest of the State.” (The parentheses include additions to the law appearing in the updated version.)
IN WHICH CASES WILL STAY PERMITS AND LICENSES TO LIVE IN ISRAEL NOT BE GRANTED?
Security impediment: Section 11 of the law deals with the denial of stay permits or licenses to live in Israel when the applicant or their family members may constitute a security risk to the State of Israel, based on “an opinion from the competent security authorities” (generally meaning the Israel Security Agency [ISA, also known as the Shin Bet]).
IN WHICH CASES WILL STAY PERMITS OR LICENSES TO LIVE IN ISRAEL BE CANCELED?
Breach of loyalty: Section 12 of law stipulates that, without diminishing from the authority of the Minister of Interior under any law, the Minister will be required to cancel a residence license or a permit to stay in Israel that has been granted under this law if it has been proven to the Minister’s satisfaction that the permit or license holder has committed an act that constitutes a breach of trust (an act of terrorism, espionage or treason) towards the State of Israel as defined in Section 11(a) of the Entry into Israel Law.
LEGAL CONSULTATION ON MATTERS RELATED TO THE CITIZENSHIP AND ENTRY INTO ISRAEL LAW—CONTACT US
In this article, attorney Joshua Pex has reviewed the main provisions of the Citizenship and Entry into Israel law. If you have any questions about the topic or need assistance with any issue related to arranging the legal status of Palestinians of the area in Israel, a lawyer from our firm who specializes in immigration to Israel will be happy to help. You are welcome to contact us with any question via the phone numbers and email address listed below.
This article was composed in collaboration with lawyer Adam Johnson.
:
:מאמרים מומלצים