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chapter two
nationality and immigration laws mentioned above: The Law of Return
(1950) and The Citizenship Law (1952). As a settler movement seeking out a
territory for immigration and colonization, Zionist bodies aimed at creating a relatively homogenous Jewish settler-immigrant population in
Palestine. Resulting from this Judaization project were socio-political and
legal policies that foster pervasive discrimination against non-Jewish citizens, and which challenge the tenets of democratic citizenship. One such
law, and perhaps the most important legal expression of Israel’s self-
definition as a Jewish state, The Law of Return (1950), guarantees the right
of immigration to every Jewish person. Instead of a general civic immigration law, The Law of Return (1950) only applies to any Jew looking to immigrate to Israel, to her/his spouse, children, grandchildren, and their
respective spouses. And it applies to Jewish immigrants after the establishment of Israel and retroactively to Jews, without major preconditions, who
had immigrated to Palestine or had been born there before the creation of
the State. However, Palestinian refugees who were expelled from their
land and homes in 1948 are not granted the ‘right of return’ and not even
entitled to residency or citizenship status. An extension of The Law of
Return (1950) is The Citizenship Law (1952) which grants automatic Israeli
citizenship to any Jew upon immigration “according to the Law of Return”
without any length of residency, economic or language requirement. In
essence, a nation-state with a hierarchical citizenship regime is established through this legal tenet encompassing all Jews, and only Jews, by
virtue of their ethno-national or religious descent. This law solidifies the
secondary citizenship status of Palestinian-Arabs, as there is no chance for
a non-Jew to acquire automatic citizenship through the Ministry of
Interior. Indeed, even partners of Palestinian-Arab citizens of Israel can
only gain citizenship or residency status through extensive legal procedures. Evidently, these same two laws, each of which is both ideologically
and historically foundational to the State of Israel, privilege Jews by systematically excluding Palestinian-Arabs who were compelled to flee their
villages and homes between 1947–1952, deny them their indigenous status,
strip them of their right to their land and directly contradict the internationally-recognized Palestinian right of return as affirmed in UN Resolution
194. Together, The Law of Return (1950) and The Citizenship Law (1952) form
the substructure upon which a whole arrangement of formal policies,
Center for Applied Social Research) Quarterly PDF e-publications, http://mada-research
.org/en/political-monitoring-report/.
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