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{"id":93392,"date":"2023-06-25T18:06:43","date_gmt":"2023-06-25T15:06:43","guid":{"rendered":"https:\/\/lawoffice.org.il\/%d7%97%d7%95%d7%a7-%d7%94%d7%90%d7%96%d7%a8%d7%97%d7%95%d7%aa-%d7%95%d7%94%d7%9b%d7%a0%d7%99%d7%a1%d7%94-%d7%9c%d7%99%d7%a9%d7%a8%d7%90%d7%9c-2\/"},"modified":"2023-07-10T12:59:42","modified_gmt":"2023-07-10T09:59:42","slug":"citizenship-and-entry-into-israel-law","status":"publish","type":"post","link":"https:\/\/lawfirmbackup_200125.k1uagm.ap-southeast-2.wpstaqhosting.com\/en\/citizenship-and-entry-into-israel-law\/","title":{"rendered":"What Is the Citizenship and Entry into Israel Law?"},"content":{"rendered":"

The Citizenship and Entry into Israel Law (Temporary Order), 5782-2022<\/a> 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<\/a>.) 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\u2014until 2021, when the 24th Knesset refrained from renewing it. The law in its current form was also enacted temporarily and requires periodic renewal.<\/p>\n

In this article, attorney Joshua Pex<\/a>, 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<\/a> 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.<\/p>\n

WHY WAS THE CITIZENSHIP AND ENTRY INTO ISRAEL LAW ENACTED?<\/strong><\/h4>\n

There are two motivations for the law: (1) security\u2014the 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\u2014the 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<\/a>. 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<\/a> that this motivation is one of the reasons for enacting the law.<\/p>\n

\"Citizenship<\/p>\n

WHAT WAS DECIDED IN THE FAMILY REUNIFICATION SUPREME COURT RULING?<\/strong><\/h4>\n

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<\/a> (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\u2019 constitutional rights was a \u201cproportional measure\u201d and, therefore, the Supreme Court confirmed the law.<\/p>\n

WHAT IS THE AIM OF THE CITIZENSHIP AND ENTRY INTO ISRAEL LAW?<\/strong><\/p>\n

Section 1 of the law (see Knesset News from March 10, 2022<\/a>) states that: \u201cThe 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\u2014all 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\u2019s national security.\u201d<\/strong><\/p>\n

TO WHOM DOES THE CITIZENSHIP AND ENTRY INTO ISRAEL LAW APPLY?<\/strong><\/h4>\n

Section 2 of the law defines \u201cthe area\u201d (or \u201cthe region\u201d) as \u201cany of the following: Judaea, Samaria and the Gaza Strip,\u201d<\/strong> and \u201cresident of the area\u201d<\/strong> as \u201cwhoever 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\u201d<\/strong>\u2014meaning, 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 \u201carea\u201d (the so-called occupied territories), the significant provisions of the law also apply to residents of the enemy countries Iran, Lebanon, Syria, and Iraq.<\/p>\n

WHAT ARE THE RESTRICTIONS ON CITIZENSHIP AND STAYING IN ISRAEL THAT ARE STIPULATED BY THE CITIZENSHIP AND ENTRY INTO ISRAEL LAW?<\/strong><\/h4>\n

Section 3 states: \u201cAs 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.\u201d<\/b> (The parentheses include an addition to the law appearing in the updated version.)<\/p>\n

WHAT ARE THE EXCEPTIONS TO THE RESTRICTIONS STIPULATED IN THE CITIZENSHIP AND ENTRY INTO ISRAEL LAW?<\/strong><\/h4>\n