New regulations provide obstacles to Aliyah to Israel

A new legislative obstacle to aliyah

Amid the surge of anti-Semitic incidents worldwide, one would expect Israel, the Jewish homeland, to simplify the process for those seeking refuge, looking to immigrate under the Law of Return. However, the reality is paradoxically grim. Despite being a nation formed as a haven for Jews, Israel has recently imposed new, convoluted immigration procedures that provide brand new obstacles to Aliyah applicants. 

What is the problem with the new legislation?

The regulations, published in Hebrew on July 2, 2024, update the procedure for making aliyah according to the law of return. These updates require that aliyah applicants prove their complete relocation to Israel before receiving approval. This bureaucratic hurdle starkly contradicts the principles of the Law of Return, which is meant to facilitate, not obstruct, the immigration process. At a time when Jews are desperate to find a safe homeland, this policy not only complicates their journey but also leaves many stranded in legal limbo, unable to receive their citizenship before proving they have become citizens. The absurdity of this situation is glaring and demands immediate redress.

What are the specific appendix details that conflict with the “ease” of Jewish immigration?

Within the new legislation, several specific clauses requiring the applicant make Israel their “center of life” before applying for an Oleh directly contradict Israel’s goal of facilitating Jewish immigration. Anybody who submits an application is asked to demonstrate they are no longer employed abroad, which can cause debts, among other issues. Another section asks whether the applicant brought their property, household items and other necessities of daily life to Israel. A third section asks for evidence that the applicant’s children have left their place of education and enrolled in an Israeli school, even before said child has received any immigration status in Israel. Lastly, applicants must open a bank account in Israel, which imposes significant difficulties on those who aren’t currently citizens of Israel.   

What section of the Law of Return is being violated?

As section 3(a) states, “A Jew who has come to Israel and subsequent to his arrival has expressed his desire to settle in Israel may, while still in Israel, receive an oleh’s certificate.” however, the new appendix makes an apparent contradiction to the Right of Return. In adding a questionnaire or, as previously described, additional hurdles, either one of two possibilities occur. The person who wishes to make aliyah may have had interest and, therefore, should have been given the right to citizenship, but due to unnecessary obstacles, their interest had dwindled. Another possibility is that they continue to have an interest in granting them the right to citizenship, yet again, due to the obstacles caused by the appendix, they were simply blocked from gaining the right. 

The hurdles with the alternative route

There is a preferred route for making aliyah which does not require arranging a center of life in Israel before receiving citizenship. Jews wishing to submit an application for aliyah can do it through Nefesh b’ Nefesh or, the Jewish Agency. The primary issue with this application process is how lengthy it is, which creates common delays within the process. Additionally, Nefesh’b’Nefesh will occasionally send applications to the Ministry of the Interior, causing the same problems all over again.  

A reevaluation of the Ministry of the Interior’s new Appendix on immigration

In light of these draconian measures, the Israeli government must reevaluate and amend the new Aliyah procedure. The current policy not only contravenes the Law of Return but also disregards the pressing needs of Jews facing persecution globally. Immigration attorneys have urgently petitioned Minister of the Interior Moshe Arbel and Director General Ronen Peretz to address these obstacles to Aliyah, highlighting the procedure’s severe implications. Israel’s survival and strength hinge on its ability to welcome and integrate Jews from around the world. 

As antisemitism escalates, the government must extend a helping hand rather than impose insurmountable obstacles. The current Aliyah procedure must be reformed to align with the foundational values of the Jewish state, ensuring that eligible applicants can swiftly and smoothly make Israel their new home. It is not just a matter of legal obligation but a moral imperative to uphold the nation’s commitment to being a sanctuary for all Jews.

This article was written with the help of paralegal Asher Force.

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