Lana Tatour
Warhaftig’s solution allowed Israeli leaders to have their cake and eat
it, too. As Ben Gurion commented: “I suggest that the citizenship law will
apply in practice only to non-Jews, without needing to mention that . . . it
will apply to everyone except for Jews.”94 The cabinet, however, knew very
well that the distinction between citizenship and immigration policies in
those countries was artificial: race determined both. As in other settler
colonial polities, in Israel, immigration and citizenship laws went hand
in hand, producing “new categories of racial difference.”95 As with migration, the imposition of legal disabilities restricted racialized minorities’
access to citizenship. The right of Jews to immigrate to Palestine under the
Law of Return guaranteed their immediate and automatic entitlement to
citizenship under section 2 of the Citizenship Law (citizenship by return),
while Palestinians faced legal disabilities that impeded their entitlement to
residence and citizenship.
Fundamentally, the decision to create two laws enshrined Jewish superiority and Jewish exclusive right to the land, self-determination, and
sovereignty. As stated by Ben Gurion:
There needs to be a naturalization law, but not for the Jews. A Jew who
comes to settle in the country is automatically a citizen; he is guaranteed
the right to be a citizen in advance. I differentiate here not in the laws,
but in the rights towards this country. The others are granted the right
to be here only by an act of benevolence, but not the Jew. He is entitled.
That is by basic assumption.96
This statement became the underpinning logic of Israel’s citizenship regime
and the rationale that guided the drafting of both the Law of Return and the
Citizenship Law. The two laws came to embody a racial distinction between
Jews, as natural and authentic subjects of citizenship, and Palestinians,
whose citizenship was the result of the state’s benevolence. Importantly,
they signify the indigenization of settlers and the de-indigenization of
natives. Together, the two laws transform settlers into natives, while rendering Palestinian natives alien. Nicola Perugini terms this process “settler
colonial inversions—the mimic transformation of the settler subject into the
indigene, and of the Palestinian indigene into the settler.”97 The elimination
of the native, as he points out, “passes through the erasure of the settlers’
identity as settlers.”98
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Electronic copy available at: https://ssrn.com/abstract=3533490