Family Unification in Israel and Jerusalem
Increasingly restrictive policies have been adopted that make it extremely
difficult, and often even impossible, for citizens and residents of Israel
married to Palestinians from the occupied Palestinian territory to obtain
family unification. Following the 1967 War, human movement between
the occupied Palestinian territory and Israel was largely unrestricted. As a
result, couples consisting of Palestinian residents of Gaza or the West Bank
and Palestinian residents of East Jerusalem or citizens of Israel did not
typically apply for family unification. However, in 1991 Israel imposed new
requirements demanding Palestinians from the occupied Palestinian territory
be in possession of a permit in order to enter Israel, including occupied and
annexed East Jerusalem. With the introduction of closures and checkpoints,
Palestinians found it increasingly difficult to travel to East Jerusalem and
Israel, prompting an exponential rise in the number of family unification
applications. The ongoing construction of the Israeli Annexation Wall
compounds this issue further, making it virtually impossible for Palestinian
residents of the West Bank to visit family members who live in East Jerusalem
or Israel without the necessary permit.
Therefore, Israeli-administered family unification procedures are the only
available avenue for Palestinians who find themselves separated from their
families, and the current legislative basis for these procedures is provided
by the Citizenship and Entry into Israel Law (Temporary Provision). This law
– passed by the Knesset (the Israeli parliament) in July 2003 and renewed
annually up to the present day83 – prevents Palestinians with West Bank or
Gaza Strip IDs, or residents of “enemy states” (Lebanon, Syria, Iran, and Iraq)84
from gaining Israeli citizenship or permanent residency by way of marriage to
an Israeli citizen. The law only allows for the granting of permits to reside or
stay in Israel for purposes of medical treatment or fixed-term employment
for a period which cannot cumulatively exceed six months.
The motivation underpinning this policy is revealed through consideration of
statements made by Israeli officials. In May 2002 – just months before the
new law was unveiled – the then Minister of Interior, Eli Yishai, declared that
between 1993 and 2002, roughly 140,000 Palestinians had moved to Israel or
East Jerusalem by way of family unification permits. Yishai went on to stress the
need for legislation which would “help to halt the phenomenon and maintain
83 On March 19, 2014, the Israeli government decided to extend the validity of the Temporary Order for
another year.
84 Mossawa Centre, “Policy Paper: Nationality and Entry into Israel Law (Temporary Order)”
(Mossawa Centre, 2012), http://www.mossawacenter.org/my_documents/publication2/2012%20
Citizenship%20and%20Entry%20into%20Israel%20Law.pdf.
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents