"Ban on Family Unification" - Citizenship and Entry into Israel Law (Temporary Order)
Citizenship
Active
2003
Bans family unification where one spouse is an Israeli citizen (in practice almost all of whom are Palestinian citizens) and the other a resident of the OPT (excluding Jewish settler living in the OPT).
Minor exceptions to the ban were introduced in 2005 allowing the Interior Ministry to make special exceptions to the ban, including in cases where the husband is over 35 years of age or the wife over 25, in special medical or work cases, and for children under the age of 14 to live with the parent inside Israel.
An additional amendment in 2007 expanded the ban to include citizens and residents of Iran, Lebanon, Syria and Iraq. In accordance with the law, a cabinet decision added further restrictions in 2008 affecting residents of the Gaza Strip.
Although the law was originally enacted as a temporary order, its validity has been repeatedly extended by the Knesset making it in effect a permanent law. Thousands of Palestinian families have been affected by the law, forced to split apart, move abroad or live in Israel in fear of constant deportation.
Minor exceptions to the ban were introduced in 2005 allowing the Interior Ministry to make special exceptions to the ban, including in cases where the husband is over 35 years of age or the wife over 25, in special medical or work cases, and for children under the age of 14 to live with the parent inside Israel.
An additional amendment in 2007 expanded the ban to include citizens and residents of Iran, Lebanon, Syria and Iraq. In accordance with the law, a cabinet decision added further restrictions in 2008 affecting residents of the Gaza Strip.
Although the law was originally enacted as a temporary order, its validity has been repeatedly extended by the Knesset making it in effect a permanent law. Thousands of Palestinian families have been affected by the law, forced to split apart, move abroad or live in Israel in fear of constant deportation.
Additional Documents
- Adalah translation of Proposed Nationality and Entry into Israel (Temporary Order) Law, 5763 – 2003
- Briefing Paper on Law, March 2005
- Gender and Nationalism in Court Rulings: Family Unification Decisions Rendered by Women Supreme Court Justices - Sawsan Zaher - June 2006
- "The Philosophers and Intellectuals Can Say Whatever They Say" - Dr. Aeyal Gross - June 2006
Press Releases
- Israeli Supreme Court Upholds Ban on Family Unification - 12 January 2012
- Eleven Justice Panel of Israeli Supreme Court Holds Hearing on Citizenship Law Case; Court Orders State to Provide New Data on Why the Law is Needed for Security Reasons - 15 March 2010
- Supreme Court to Decide Soon on Whether the Citizenship Law, which Discriminates on the Basis of Nationality and Violates the Right to Family Life, is Compatible with Israel's Basic Laws - 16 March 2009
- Adalah: 6-5 Majority of Supreme Court Approves Most Racist Law in State of Israel, Preventing Families' Unification on the Basis of National Belonging - 14 May 2006
- UN CERD Committee Urges Israel to Revoke New Ban on Family Unification Law - 18 August 2003
- Adalah's Response to Israeli Justice Minister Ayelet Shaked's Remarks