Israel's Law of Return
On July 5, 1950, the Knesset adopted the Law of Return, a restrictive power
and authority that permits anyone recognized as a Jew to obtain immediate
citizenship and legal civilian status in Israel, regardless of where the person
was born.
While Jews born in Poland, such as Menachem Begin, were given immediate
citizenship on the basis of their religions, Palestinian Arabs who are not
Jewish and who fled the often brutal fighting during the Zionist takeover of
Palestine in 1948 may not be granted citizenship rights under the same law.
Palestinian Arabs who are not Jewish but who were born in Palestine prior
to 1948, have no rights under Israeli law to return to their homes.
The Law has been amended twice since its adoption, in 1954 and again in
1970. The amendments altered section 2, and expanded section 4 by adding 4 (A)
and 4 (B). Much of the old language of Section 2 remains in brackets followed
by the replacement word or phrases:
------------------------------------------------------------------------------
Israel's Law of Return (1950, 1954, 1970)
1. Every Jew has the right to immigrate to the country.
2. (a) Immigration shall be [on the basis of immigration] by immigrant's
visa[s].
(b) An immigrant's visa shall be given to [any] every Jew who has
expressed his desire to settle in Israel, unless the Minister of the Interior
is satisfied that the applicant--
(1) [acts against the Jewish nation; or] is engaged in an
activity directed against the Jewish people; or
(2) [may threaten the public health or state security] is
liable to endanger public health or the security of the
state; or
(3) [NEW] is a person with a criminal past liable to
endanger public welfare.
3. (a) A Jew who comes to Israel and subsequently expresses his desire to
settle may, whilst still in Israel, [obtain] receive an immigrant's
certificate.
(b) The exceptions set out in Section 2 (b) shall also apply to the grant
of an immigrant's certificate, provided that a person shall not be considered
[but a person shall not be regarded as a threat to] as endangering public
health on account of an illness contracted after his arrival in Israel.
4. Every Jew who [migrated] immigrated to the country before the
commencement of this law, and every Jew born in the country, whether before or
after the commencement of this law, is in the same position as one who
immigrated under this law.
4A. (a) The rights of a Jew under this Law, the rights of an immigrant under
the Nationality Law, 1952 and the rights of an immigrant under any other
legislation are also granted to the child and grandchild of a Jew, to the
spouse of a Jew and to the spouse of the child and grandchild of a Jew--with
the exception of a person who was a Jew and willingly changed his religion.
(b) It makes no difference whether or not the Jew through whom a right is
claimed under sub-section (a) is still alive or whether or not he has
immigrated to this country.
(c) The exceptions and conditions pertaining to a Jew or an immigrant
under or by virtue of this Law or the legislation referred to in sub-section
(a) shall also apply to a person claiming any right under sub-section (a).
4B. For the purpose of this Law, "a Jew" means a person born to a Jewish mother
or converted to Judaism and who is not a member of another religion.
5. The Minister of Immigration is charged with the implementation of this
Law and may make regulations as to any matter relating to its implementation
and as to the grant of immigrant's visas and certificates to minors up to the
age of 18.
Regulations regarding Sections 4A and 4B require the approval of the
Constitution, Law and Justice Committee of the Knesset.
|