Law of Return


The Law of Return is an Israeli law, passed on 5 July 1950, which gives Jews, people with one or more Jewish grandparent, and their spouses the right to relocate to Israel and acquire Israeli citizenship. Section 1 of the Law of Return declares that "every Jew has the right to come to this country as an oleh ". In the Law of Return, the State of Israel gave effect to the Zionist movement's aim for the establishment of Israel as a Jewish state. In 1970, the right of entry and settlement was extended to people with at least one Jewish grandparent and a person who is married to a Jew, whether or not they are considered Jewish under Orthodox interpretations of Jewish law.
On the day of arrival in Israel, or occasionally at a later date, a person who enters Israel under the Law of Return as an oleh would receive a certificate confirming their oleh status. The person then has three months to decide whether they wish to become a citizen and can renounce their prior citizenship during this time. Since 2005, the right does not apply to residents of the West Bank or the Gaza Strip due to the Citizenship and Entry into Israel Law. The right to an oleh certificate may be denied if the person is engaged in antisemitic activity, is a hazard to the public health or security of the state, or has a criminal past that may endanger public welfare.

History

The Law of Return was passed unanimously by the Knesset, Israel's Parliament, on 5 July 1950. The date chosen so that it would coincide with the anniversary of the death of Zionist visionary Theodor Herzl. It declared:
In a declaration to the Knesset, the then Israeli prime minister David Ben-Gurion asserted that the law did not bestow a right but rather reaffirmed a right Jews already held:
Follow-up legislation on immigration matters was contained in the Nationality Law of 1952.
Originally, the rights under the Law of Return applied only to Jews. However, due to an inability on the lawmakers to agree on a definition of "who is a Jew", the Law did not define the term, relying instead on the issue to resolve itself over time. As a result, the Law relied in effect on the traditional halakhic definition. But, the absence of a definition of who is a Jew, for the purpose of the Law, resulted in divergent views of the various streams of Judaism competing for recognition.
Those who immigrate to Israel under the Law of Return are immediately entitled to citizenship in Israel. However, differences of opinion have arisen as to whether a person who claims citizenship under the Law of Return should be automatically registered as "Jewish" for census purposes. According to the halakhic definition, a person is Jewish if their mother is Jewish, or if they convert to Judaism. Orthodox Jews do not recognize conversions performed by Reform or Conservative Judaism. However, the Law provides that any Jew regardless of affiliation may migrate to Israel and claim citizenship.

Jewish ancestry amendment

The Law of Return was amended in 1970 to extend the right of return to some non-Jews. Amendment number 2, 4a, states:
The law since 1970 applies to the following groups:
Jews who have converted to another religion are not eligible to immigrate under the Law of Return, even though they are still Jews according to halakha.
The 1970 amendment was induced by the debate on "who is a Jew?". Until then the law did not refer to the question. There are several explanations for the decision to be so inclusive. One is that as the Nuremberg Laws did not use a halakhic definition in its definition of "who is a Jew", the Law of Return definition for citizenship eligibility is not halakhic either. Another explanation is the 1968 wave of immigration from Poland, following an antisemitic campaign by the government. These immigrants were very assimilated and had many non-Jewish family members.
A second explanation is that in order to increase immigration levels so as to offset the "demographic threat" posed by the growth of the Arab population, the law expanded the base group of those eligible to immigrate to Israel.
A third explanation promoted by religious Jews is that the overwhelmingly secular leadership in Israel sought to undermine the influence of religious elements in Israeli politics and society by allowing more secular Jews and their non-Jewish spouses to immigrate.
The Israeli Rabbinate is a purely Orthodox body that is far more strict in defining "who is a Jew". This creates a situation in which thousands of immigrants who are eligible for citizenship under the Law of Return's criteria, are ineligible for Jewish marriage by the Israeli Rabbinate.
As of 2021, 3,340,000 Jews have immigrated to Israel since its independence in 1948.
Hundreds of thousands of people who do not have Jewish status under Orthodox Jewish interpretations of halakha received Israeli citizenship, as the law confers citizenship to all offspring of a Jew and their spouses.

Denial of citizenship

Section 2 of the Law of Return empowers the Minister of Interior to deny Israeli citizenship under the Law of Return on a number of grounds: For example, an applicant may be denied citizenship if they are considered a threat to the security of the State of Israel, or have a past criminal record involving a serious crime, such as murder, and pose a danger to the well-being of the State of Israel; or, for example, may be a fugitive in another country for any felony ; or such persons who, by virtue of their illness, may pose a serious public health risk to the people of Israel; as also any person who may be actively engaged in any campaign that vociferously speaks out against the Jewish people and undermines their cause.
This provision has been used to exclude applicants a handful of times since Israel's establishment. Notable cases include Robert Soblen, an American Communist who spied for the Soviet Union and fled to Israel in an attempt to escape a life sentence; Meyer Lansky, an American mobster who was initially granted entry to Israel but was expelled two years later; and Victor Vancier, an American Kahanist activist convicted of involvement in a series of bombings.
In 1962, the case of Oswald Rufeisen, born a Polish Jew and later a Catholic convert, came before the Israeli Supreme court. The Supreme Court decided that "no one can regard an apostate as belonging to the Jewish people".
In 2024, Leo Franks, a Jewish Briton who was in the process of applying for Israeli citizenship, had his citizenship application closed and his deportation from the country ordered by the Ministry of the Interior. This came after he was arrested at an anti-war protest in Jerusalem and after having been detained twice in the West Bank, once when accompanying Palestinian shepherds and once when "filming settler violence against Palestinians". Franks interpreted his deportation and denial of citizenship as a change to the Law of Return, saying to the Jewish Telegraphic Agency: "the courts have given the Ministry of Interior free rein to make decisions about who can be a Jew in Israel on the basis of his politics". The lead editorial of both the English and Hebrew editions of the Israeli broadsheet Haaretz made the same claim about the political significance of Franks' case, titling the English-language version of the editorial as "Only the Right Jews Can Make Aliyah in Today's Increasingly Undemocratic Israel".
The granting of citizenship under the Law of Return does not prevent a person from being extradited back to another country under an extradition treaty with that other country.

Controversy

Followers of Messianic Judaism

The Supreme Court of Israel ruled in 1989 that Messianic Judaism constituted another religion, and that people who had become Messianic Jews were not therefore eligible for Aliyah under the law.
On April 16, 2008, the Supreme Court ruled in a case brought by a number of people with Jewish fathers and grandfathers whose applications for citizenship had been rejected on the grounds that they were Messianic Jews. The argument was made by the applicants that they had never been Jews according to halakha, and were not therefore excluded by the conversion clause. This argument was upheld in the ruling, and the government agreed to reprocess their applications. Despite this, Messianic Jews are considered to be eligible for the law if they can claim Jewish ancestry.

Claims of discrimination in relation to Palestinian refugees

Critics claim that the Law of Return runs counter to the claims of a democratic state.
Palestinians and advocates for Palestinian refugee rights criticize the Law of Return, which they compare with the Palestinian claim to a Palestinian right of return. These critics consider the Law, as contrasted against the denial of the right of return, offensive and institutionalized ethnic discrimination.
A report by the UN Economic and Social Commission for Western Asia criticized the Law of Return for "conferring on Jews worldwide the right to enter Israel and obtain Israeli citizenship regardless of their countries of origin and whether or not they can show links to Israel-Palestine, while withholding any comparable right from Palestinians, including those with documented ancestral homes in the country" and as a policy of "demographic engineering" meant to uphold Israel's status as "the Jewish state". The report was later withdrawn following controversy.

Same-sex relationships

On June 10, 2011, the Law of Return was tested when a gay male couple, one Jewish and one Catholic, made Aliyah to Israel. This couple was the first same-sex, different religion married couple to request joint Aliyah status, although opposite-sex married couples of different religions receive joint Aliyah as a matter of course. The Jewish man quickly received citizenship but the decision of citizenship for his husband was delayed by the Ministry of the Interior despite the clause in the law saying the spouse of the Jewish returnee must also be granted citizenship. On August 10, 2011, the Ministry of the Interior granted citizenship to the non-Jewish husband as required by the Law of Return.
In 2014, Interior Minister Gideon Sa'ar announced that Jews in same-sex relationships who got married abroad but wished to immigrate to Israel were allowed to do so under the Law of Return, even with a non-Jewish spouse, and that both spouses would receive Israeli citizenship.