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Palestinian Americans entering Israel – 2023 update

Joshua Pex
Joshua Pex

Until September 2023, Palestinian Americans (residents of the West Bank and Gaza) were required to enter Israel through the land crossing between Israel and Jordan, the Allenby Bridge. Thanks to a new update to the provisions accompanying the Citizenship and Entry into Israel Law, Palestinian Americans entering Israel, through the Ben Gurion airport or any other border crossing, do so according to the same procedures as the entry of non-Palestinian US citizens, provided that they identify themselves upon entry with their American passport. However, border control officials always have the option of denying entry to specific visitors on the basis of reasonable suspicion they may post a threat.

What are the reasons for the new plan for the entry of Palestinian Americans into Israel?

Talks about a visa waiver agreement between the US and Israel have been ongoing for decades. One of the most important obstacles is the principle of reciprocity. The US authorities want Israel to give US citizens – all US citizens – an equal treatment, equivalent to the treatment of Israeli citizens visiting the United States.

There is a certain parallel here to the long negotiations that led to the introduction of investment visa for Israelis in the US – the Americans avoided moving forward with the agreement until Israel agreed to grant equivalent visas to US citizens in Israel.

Although the procedure officially goes into effect in September 2023, a pilot program was started as early as July 2023, and approximately 2,500 Palestinian Americans have entered Israel since.

In short, the new procedure is good news for both Palestinian Americans and Israelis. We are headed for the day when a flight to the USA will not be accompanied by several months of preparation and a payment of hundreds of shekels for submitting an application for a tourist visa to the American consulate.

What used to be the procedure and what changed?

Until today, Palestinian US citizens were required to enter Israel according to the entry procedures for Palestinians, through the border crossing at the Allenby Bridge. US citizens with citizenship of one of Israel’s “enemy states” (Iran, Lebanon, Syria, and Iraq) were required to undergo a security check at one of the Israeli missions in the US before they could enter Israel.

According to the current agreement, US citizens of any origin will be able to present their US passport and enter Israel through the Ben Gurion airport or any other border crossing, without prior inspection. Upon entry, they will receive a b-2 visa for a period of up to 90 days – provided that there is no specific obstacle to their entry into Israel or the territories.Palestinian Americans entering Israel

Such obstacle may involve warnings of a security threat, criminal activity, or contagious sickness. Any reasonable danger to public safety may cause entry to be denied.

However, Americans have an advantage even here – they will encounter the refusal of entry for suspected threats to public safety when boarding the plane, and not after landing in Israel.

The possibility of entering through the Allenby Bridge according to the procedures for Palestinian “residents of the area” is still reserved for a Palestinian American who chooses to do so.

What about the residents of Gaza?

The initial publication of the new outline emphasized that the procedure does not refer to US citizens who are residents of Gaza. Furthermore, both the Shin Bet and IDF officials strongly opposed the inclusion of Gazans in this procedure.

But after several days (and extensive behind-the-scenes negotiations) it was agreed that Gaza residents with American citizenship could also enter Israel with their American passport, and receive a B2 visa for a period of up to 90 days. The compromise – Americans from Gaza will go through a security questioning before entering Israel, the same questioning that applies to workers who leave Gaza to work in Israel.

What happens in case of refusal of entry?

In the event that a US citizen is denied entry to Israel or the territories, whether due to a specific warning when boarding the plane or suspicion of the border control officials upon entering Israel, they may always appeal the denial of entry. Our office specializes in helping foreign citizens, including Palestinians, to appeal against an unjustified denial of entry – on the basis of an invitation by an Israeli citizen, depositing a bank guarantee to the Ministry of the Interior, and more.

Contact us for legal assistance.

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