Lana Tatour
As Anat Leibler shows, the census effectively established differentiated statuses of citizenship, defined through residence. The first category
was Jewish citizenship. The census automatically categorized Jews as lawful residents, regardless of whether census officials had counted them on
the day of the census. The second category was a Palestinian citizenship,
with residence status dependent on registry at the day of the census. A
third category of “present-absentees” referred to Palestinians whom Zionist
militias or Israeli forces had expelled from their homes but who remained
in territories controlled by Israel.68 Finally, the fourth category referred to
Palestinian refugees who were excluded altogether from Israeli citizenship
because they were not in the country during the first census. The census
categorized registered Palestinians as lawful residents entitled, in principle,
to food rations, suffrage rights, and protection from deportation. This protection, however, was not total: in some cases, registered Palestinians also
faced deportation.69 The state deemed unregistered Palestinians, including
Palestinian refugees who attempted to cross the borders and return as well
as unregistered ’48 Palestinians, as infiltrators. Infiltration (histanenut in
Hebrew) became a dominant discursive and legal frame that criminalized
Palestinians seeking to return to, or remain in, their homes as “illegal aliens.”70
Criminalization was a manifestation of the de-indigenization of Palestinians
and their production as invaders, trespassers, and foreigners in their own
homeland, as well as the de-indigenization of the territory itself. As Yinon
Cohen and Neve Gordon argue, criminalization also rests on the production
of the space itself as exclusively Jewish.71
The Battle over the Citizenship Law
As elaborated above, in the absence of a citizenship law, the legal status of
Palestinians was determined in accordance with residence. Yet residence
status, like suffrage, is not the same as citizenship. In the absence of a citizenship law, the question of citizenship remained open and depended on the
resolution of the “Arab problem.” The main dilemma Israeli leaders faced was
the extent to which the creation of an Israeli citizenship would compromise
Israel’s demographic and territorial interests. As the discussions in the cabinet
reveal, Israeli leaders were divided over whether it was necessary to legislate a
citizenship law. At the same time, with the nullification of Palestinian citizen-
21
Electronic copy available at: https://ssrn.com/abstract=3533490