Israel’s nature as a Jewish and democratic state in the long run”.85 Following
the implementation of the law, human rights organizations petitioned the
Israel High Court to have the legislation overturned. In rejecting this petition,
Justice Asher Grunis commented that “human rights are not a prescription
for national suicide”. This reasoning is instructive, demonstrating that the
driving force behind this ethnicity-focused policy is rooted not in security
concerns, but in demographic sensitivities. Tragically, family unification has
become yet another tool deployed by the State of Israel to protect the Jewish
majority within its borders, with the result that thousands of Palestinians
face a deeply troubled and uncertain future.
Prevented from acquiring permanent residency status with their families in
Israel or East Jerusalem, Palestinians from Gaza and the West Bank must make
impossible choices between living separately from their spouses and children,
living illegally with their spouse in Israel or East Jerusalem – in constant fear
of arrest and deportation – or to have their spouse move to live with them,
which is also illegal on account of a military order prohibiting Israelis from
entering the occupied Palestinian territory.86 This latter option is also likely
to result in the revocation of the individual’s Jerusalem residency status and
the numerous social benefits which accompany it. Moreover, the provision
acts retroactively, applying also to couples who had submitted applications
prior to the bill’s ratification by the Knesset. Those applications approved, but
not yet authorized for permanent residency status, remain frozen. This has
left those applicants hanging in limbo, at the stage of short-term temporary
residency permits but with little prospect of attaining residency despite Israel
already deeming them suitable candidates. According to Ha’aretz, between
16,000 and 21,000 Palestinian families are affected in this way.87
As it currently stands, the only way in which Palestinians of the occupied
Palestinian territory can acquire Israeli citizenship or permanent residency
status in Israel or East Jerusalem is through collaboration with the State.88
At the discretion of the Minister of the Interior, temporary-stay permits can
be issued to Palestinians, affording short-term visitation rights, though these
permits do not entitle the holder to any social right or health insurance, and
are conditional on their ability to satisfy both “center of life” and security
85 B’Tselem, “Family Separation in East Jerusalem” (B’Tselem- The Israeli Information Center for Human
Rights in the Occupied Territories, May 6, 2010), http://www.btselem.org/printpdf/51840.
86 Commander of IDF forces, Order 378 - Regarding Defense Regulations (Judea and Samaria), 5730
Proclamation Regarding Closure of Area (Prohibition on Entry and Stay) (Israelis) (Area A), 5 October
2000.
87 Gideon Alon and Yair Ettinger, “Cabinet Extends ‘Unsoftened’ Nationality Law by Six Months,” Haaretz,
July 19, 2004, http://www.haaretz.com/print-edition/news/cabinet-extends-unsoftened-citizenshiplaw-by-six-months-1.128828.
88 The State of Israel, The Citizenship and Entry Law (Temporary Provision) 5763-2003 Section 1.
36
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