A WARNING ABOUT RADICAL CHANGES THE FUTURE OF YOUR IMMIGRATION AT RISK
A legislative transformation of seismic proportions is about to impact the core of Israeli immigration policy. This Basic Law Proposal is not just another legal document; it signals a drastic rupture with what you know about immigration, family reunification, and the Law of Return itself.
If sanctioned by the Knesset, this fundamental law will introduce changes so profound that they will demand immediate understanding and strategic action. Do not risk your future in Israel. Faced with the imminence of these radical changes, neglecting your case or trusting promises from individuals or professionals without proven decades of experience in the complex immigration landscape can be an irreparable mistake.
Attention: missing this window of opportunity could mean not having a second chance. This proposal redefines the pillars of entry and residency in Israel, with the potential to reshape the social and legal structure of the nation in an unprecedented manner. The seriousness and scope of these provisions require immediate analysis and the seeking of specialized advice to navigate this new and uncertain legal landscape.
Basic Law Proposal submitted to the Israeli Knesset
Entry, Immigration, and Status in Israel
Fundamental Principles
Objective
The Land of Israel is the historical birthplace of the Jewish people, where the State of Israel was established.
The State of Israel is the nation-state of the Jewish people, where they realize their natural, cultural, and historical right to self-determination.
The realization of the right to national self-determination in the State of Israel is exclusive to the Jewish people.
The State of Israel will be open to Jewish Aliyah (immigration) and the Ingathering of the Exiles (my observation: the reunion of the diaspora with the people in Israel).
The State of Israel has the authority to determine who will enter its gates.
The objective of this Basic Law is to establish provisions regarding entry into Israel, immigration, obtaining status in Israel, and naturalization, and to ensure an immigration policy that protects the exclusive right of self-determination of the Jewish people in the State of Israel and preserves the sovereignty and security of the State of Israel.
- In any conflict between the provisions of a law, including a Basic Law, and the provisions of this Basic Law, the provisions of this Basic Law shall prevail, unless the law or the Basic Law explicitly states that its effect prevails despite the provisions of this Basic Law.
(a) Provisions regarding Israeli residency and citizenship will be established by law.
(b) The Government, with the approval of the Knesset, will establish a maximum annual quota of recipients of status in Israel; details will be established by law; for the purposes of this Basic Law, “status” means citizenship, visa, or license under which a person who is not an Israeli citizen or legal resident of Israel is permitted to stay in Israel for a period exceeding one year.
(c) A person who entered Israel or stayed in it for a period exceeding three months contrary to the law will not receive status in Israel.
(d) The provisions of subsections (b) and (c) will not apply to a person who is entitled to immigrate to the Land of Israel according to the Law of Return, 5710-1950. (my observation: I put this part in bold and it is not in the original).
Entry into Israel
- (a) Provisions regarding entry into Israel will be established by law.
(b) A person who is not an Israeli citizen or resident of Israel does not have the right to appeal to the court for redress regarding entry into Israel, and the court will not grant redress regarding such a person, unless it determines that they are entitled to status in Israel according to the law.
(c) The provisions of subsection (b) will not apply to a person who is entitled to immigrate to the Land of Israel according to the Law of Return, 5710-1950. 5.
- (a) Provisions regarding the prevention of entry into Israel will be established by law.
(b) The Government has the right, with the approval of the Knesset, to determine that citizens or residents of certain countries or areas will not receive status or residency permits in Israel; details will be established by law.
Obligation of Removal and Encouragement of Departure of Illegal Residents
- (a) A person who enters the country contrary to the law or who stays in Israel contrary to the law (in this section – illegal resident) will be removed from the State of Israel.
(b) The State will encourage the departure of illegal residents whom the State of Israel cannot remove.
(c) Provisions regarding this section will be established by law; such law may stipulate, among other things
– (1) Provisions according to which an illegal resident will be held in custody for the entire period of their stay in Israel.
– (2) Provisions according to which the movement of an illegal resident will be restricted to certain geographical areas or certain times.
– (3) Provisions prohibiting or restricting the ability of an illegal resident to work in areas of the State of Israel, in certain occupational fields, and under specific conditions.
– (4) Provisions stipulating that funds from any source that reach an illegal resident during their period of stay in Israel, will be held, in whole or in part, in trust by the State of Israel and returned to the illegal resident only upon their departure from the State of Israel.
– (5) Provisions according to which an illegal resident will not be entitled to the same services or the use of the same services to which individuals with status in Israel are entitled.
A law may revoke citizenship, residency, or status in Israel, under the conditions that will be stipulated therein.
Stability
- Emergency regulations do not have the power to alter this Basic Law, temporarily revoke its validity, or stipulate conditions therein.
- No amendment will be made to this Basic Law, except by a Basic Law approved by a majority of the members of the Knesset.
Transitional Provisions and Preservation of Laws
- (a) Any legislation or administrative directive that deals with matters regulated by this Basic Law and that is in force on the date of its approval will be considered to have been approved in accordance with the provisions of this Basic Law.
(b) Until a maximum annual quota is established as specified in Objective 1b., no status will be granted, except in accordance with the provisions that will be established by law.
Explanation
The State of Israel has faced continuous waves of immigration and infiltration in the last two decades. However, although this is a large-scale problem, and a policy that should be outlined by the Knesset, to date, no law has been enacted that includes the policy of the State of Israel regarding immigration and entry into it, as well as regarding the regulation of the status of residents and citizens in Israel.
Furthermore, in the absence of a permanent agreement that considers the character of the State of Israel as the nation-state of the Jewish people, temporary provisions are established by the legislator, and agreements are established by the appellate courts, the Administrative Affairs Court, and the Supreme Court in a method of “dragging” the authority of the Ministers of the Interior and those elected by the public.
The proposed Basic Law establishes general guidelines regarding entry into Israel, obtaining status in Israel, removal from Israel, and also the revocation of the citizenship of an Israeli resident or citizen.
Sections 1 and 2 propose to establish the fundamental principles of the law and its objectives. The sections stipulate that the State of Israel is the home of the Jewish people, and in it, they will realize their right to self-determination.
In section 3, it is proposed to stipulate that if there is a conflict between the provisions of a law, including a Basic Law, and the provisions of this Basic Law, the provisions of this Basic Law shall prevail, unless the law or the Basic Law explicitly states that its effect prevails despite the provisions of this Basic Law.
In section 4, it is proposed to stipulate that obtaining status in Israel will be by law, that an annual quota of recipients of status in Israel will be established, and that infiltration into Israel illegally or illegally staying in Israel will constitute a barrier to obtaining status in Israel, provided that it is a stay of more than three months within the country’s borders. The above provisions will not apply to those who are entitled to immigrate to Israel under the Law of Return (my observation: I put this part in bold and it is not in the original).
In section 5, it is proposed to stipulate that the provisions for entry into Israel will be established by law, and that a person who is not a citizen or resident of Israel does not have the right to appeal to the court to decide on their entry into Israel. Only a resident or citizen will be able to appeal to the court regarding another person seeking entry, but the court will grant redress only if it determines that status should be granted to the person in question. These restrictions will also not apply to those who are entitled to immigrate to the Land of Israel under the Law of Return.
In section 6, it is proposed to stipulate that the provisions regarding the prevention of entry into Israel will be established by law. In addition, it is proposed that the Government, with the approval of the Knesset, will have the right to determine that citizens or residents of certain countries or areas will not be able to receive status or residency permits in Israel.
In section 7, it is proposed to stipulate that the State will remove from its borders illegal residents who entered it contrary to the law. It is also proposed that the State will encourage the departure of illegal residents whom it cannot remove through arrangements that will be established by law. The laws for this purpose may stipulate, among other things, that:
- illegal residents will be held in custody for the entire period of their stay in Israel.
- the movement of illegal residents will be restricted to certain areas or times.
- restrictions on illegal residents regarding employment in certain areas, fields, or conditions.
- retention by the State of funds that come into the hands of the illegal resident, which will be returned to them only when they leave the country.
- and also, any provision that prevents an illegal resident from receiving services to which an individual with permanent status is entitled.
In section 8, it is proposed to stipulate that the Knesset will have the right to establish laws that will regulate the conditions for the revocation of Israeli residency and citizenship, according to the conditions that will be established by law.
In section 9, it is proposed to stipulate that emergency regulations will not be able to alter or restrict the provisions of this Basic Law.
In section 10, it is proposed to stipulate that no amendment to the provisions of this Basic Law may be made, except by a Basic Law approved by a majority of the members of the Knesset.
In section 11, it is proposed to stipulate that any law or administrative directive that deals with matters regulated by the proposed Basic Law, and that is in force on the date of its enactment, will be considered to be in compliance with the provisions of this Basic Law. In addition, it is proposed to stipulate that until an annual quota of recipients of status in Israel is established, status will only be granted in special cases that will be established by law.
Submitted to the Speaker of the Knesset and the Deputy Speakers
Submitted to the Knesset Table on 21/06/2021 (11th of Tammuz 5781)
