Lana Tatour
determines that “the exercise of the right to national self-determination in
the State of Israel is unique to the Jewish People.”3 It enshrines the existing
state symbols, such as the flag and the national anthem; confirms Jerusalem
as the undivided capital of Israel; demotes Arabic from an official language
to one with “special status”; and legalizes the ongoing practice of establishing Jewish-only settlements. Eight months after the law’s enactment, Prime
Minister Benjamin Netanyahu stated: “Israel is not a state of all its citizens.
According to the basic nationality law we passed, Israel is the nation-state of
the Jewish people—and only it.”4 Defending the Nation-State Bill, Netanyahu
added: “The Arab citizens have twenty-two nation states around them, and
they do not need another.”5
Both the law and Netanyahu’s statements drew attention to the citizenship status of ’48 Palestinians (known also as Palestinian citizens of Israel).
The Basic Law was perceived by many to be a testament to the status of
Palestinians in Israel as second-class citizens. This inferior status, however,
is neither new nor simply a byproduct of discrimination or marginalization
that contradicts liberal ideals and conceptions of citizenship. Rather, the
inferiority of ’48 Palestinian in the Jewish state has been ingrained in and
inherent to Israel’s citizenship regime from its outset. To understand the
vulnerability of Palestinian citizenship in Israel, we need to turn to history.
Accordingly, this article traces the making of the Israeli citizenship regime.
It considers how the question of citizenship has been intimately tied to geopolitical considerations of territory and sovereignty, as well as to processes of
subjectivation. The article focuses on the period between 1948 and 1952, the
period in which the 1950 Law of Return, which governs Jewish entitlement
to citizenship, and the 1952 Citizenship Law, which governs the status of ’48
Palestinians, were enacted. I am interested in what this formative period,
in which the constitutional cornerstones of Israel’s citizenship regime came
into being, can tell us about Palestinian citizenship in Israel and about the
institution of citizenship in settler colonial contexts more broadly.
We are often told that Israel’s citizenship regime, which guarantees
Jewish preference in access to citizenship, is rooted in Israel’s unique position
as the state of the Jewish people. The story of citizenship making in Israel
is by no means exceptional, however. New archival evidence presented in
this article reveals that Israeli leaders consciously drew on citizenship and
immigration laws in Australia, the United States, Canada, and South Africa
9
Electronic copy available at: https://ssrn.com/abstract=3533490