uabb domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/sites/lawfirmbackup_200125/wordpress/wp-includes/functions.php on line 6131Lara Alqasem and her prohibition of entry into Israel was the focus of public debate in Israel for several weeks during the autumn of 2018. <\/span>The entry of boycott activists into Israel is controversial both in Israel and among the Diaspora. Furthermore, entrance of BDS activists to Israel is explicitly prohibited under Amendment 28 to the Entry into Israel Law. <\/span>Miss Alqasem was accepted as a student at the Hebrew University, having been issued a valid student visa. But she was detained already at the Ben Gurion airport, and her entry into Israel was denied due to her past as a boycott activist. <\/span><\/p>\n Miss Alqasam’s appeal against her refusal of entry reached, in turn, the Appeals Tribunal, District Court, and Supreme Court. The Israeli Supreme Court, sitting as the High Court of Justice, finally approved Lara Alqasem’s entry into Israel. <\/span>Many public figures, politicians, and jurists in Israel had expressed their opinions on the subject. However, the vast majority of the opinionated public has no knowledge of Israel’s immigration law. Our law firm specializes in immigration, entry, and visa applications in Israel. Previous articles on this site explained the legal background for the refusal of entry into Israel for boycott activists<\/a>, and what can be done in case of mistaken identification. In this article, Attorney Joshua Pex will examine the legal aspects of the Lara Alqasem affair. The article will explain the precedent that these decisions create. The HJC decision defines terms of the entry into Israel for former BDS activists, or anyone suspected of boycott activity against Israel.<\/p>\n Amendment No. 28 to the Entry into Israel Law states that “no entry visa or any type of residence permit will be granted to any person who is neither an Israeli citizen nor has a permanent residence permit in the State of Israel, if he, or the organization or body for which he is acting, knowingly published a public call for a boycott of the State of Israel, as defined in the Law for Prevention of Damage to State of Israel through Boycott, 2011, or has undertaken to participate in such a boycott”.<\/p>\n The provisions of the Boycott Law were tested<\/a> in the course of HCJ 5239\/11<\/a> (Uri Avnery v. Knesset). The High Court of Justice ruled that the law is in accordance with the doctrine of “defensive democracy”. Said doctrine confirms the State of Israel’s right to act against those who promote economic and academic boycotts against it. Furthermore, the question of whether the law is the most effective and productive way to defend the Israeli state is not within the jurisdiction of the court.<\/p>\n The language of Amendment 28 is very strict and wide reaching. It allows the denial of entry to every foreign citizen who promotes or undertakes to participate in the boycott. However, the guidelines and criteria for interpreting the law establish several limitations. The Boycott, Divestment, Sanctions (BDS) movement involves thousands or even tens of thousands of active groups. It is difficult, unreasonable, and possibly futile to try to act against every activist. The State of Israel cannot keep track of literally everyone who participates in or promotes a boycott against Israel.<\/p>\n The Minister of the Interior and the Minister for Strategic Affairs determined specific guidelines for prevention of entry into Israel of boycott activists. These guidelines are aimed at organizations that support the boycott “actively, consistently and continuously.” According to these criteria, the entry of BDS activists and other boycott activists to Israel will be prevented if they are active in “senior or significant positions in [these] organizations”, or promote the boycott while holding positions of “institutional elements” (such as holders of public office). It was also decided that the entry into Israel of delegations from “prominent de-legitimization” organizations would be denied.<\/p>\n Lara Alqasem is an American student of Palestinian origin. In 2018, she was accepted into Hebrew University of Jerusalem, for an M.A in Human Rights. During her undergraduate studies in the United States, miss Alqasem was a member of “Students for Justice in Palestine”. This pro-Palestinian organization calls for a boycott of the State of Israel.<\/p>\n Although she received a valid student visa<\/a> at the Israeli consulate in Miami, Lara Alqasem’s entry into Israel was refused upon arrival. After landing at Ben-Gurion airport, she was accused of being a BDS activist and sent to the detention facility to await deportation. Her visa was canceled. The Border Control Authority cited considerations of “prevention of illegal immigration” and “public safety”.<\/p>\n Lara Alqasem appealed the deportation order to the Appeals Court. The Population and Immigration authority, as the government agency responsible for denials of entry and deportation, was the Respondent. The Hebrew University took the extraordinary step of joining the appeal. The university argued that the denial of entry would harm Israel’s academic image and deter students from studying in Israel. On the other hand, Im Tirtzu, a right wing student movement, petitioned to join the appeal as a respondent.<\/p>\n
\n<\/span><\/p>\nWhat laws prevent the entry of BDS activists into Israel?<\/h4>\n
First of all – it should be emphasized that the Entry into Israel Law (1952) gives the Minister of Interior or anyone acting on his behalf (such as Border Control Officers) the authority to approve or prevent the entry into Israel of anyone who is not a citizen or resident of Israel. The Border Control Authority’s right to prevent the entry of visitors and tourists<\/a> from abroad is based on the Entry into Israel Law. After the passage of the\u00a0Law for Prevention of Damage to State of Israel through Boycott<\/a> (2011), the Entry into Israel Law was amended.<\/p>\nThe Israeli Population and Immigration Authority’s guidelines for the prevention of entry of BDS activists into Israel:<\/h4>\n
Who is Lara Alqasem and why was she prevented from entering Israel?<\/h4>\n
Lara Alqasem’s appeal in the Appeals Court:<\/h4>\n