On 31 July 2003, the Knesset enacted the Nationality and Entry into Israel Law (Temporary Order) - 2003. This law prohibits the granting of any residency or citizenship status to Palestinians from the 1967 Occupied Palestinian Territories (OPTs) who are married to Israeli citizens. The Law affects thousands of families comprised of tens of thousands of individuals. The Law, which was originally enacted for one year, was extended by the Knesset for a six month period on 21 July 2004, and for an additional four month period on 31 January 2005. On 27 July 2005, the Knesset voted to extend the law until 31 March 2006, with minor amendments which do not diminish the unconstitutionality or discriminatory nature of the Law, and in the case of some amendments, inflict further violations of constitutional rights. In Adalah's view, the Law constitutes one of the most extreme measures in a series of governmental actions aimed at undermining the rights of Palestinian citizens of Israel, as well as Palestinians from the OPTs. The Law incorporated the main elements of Government Decision #1813 in effect since 12 May 2002, the constitutionality of which Adalah has been challenging since May 2002. On 14 May 2006, a majority of the Supreme Court, in a split of 6-5 Justices, issued a 263-page decision in which it dismissed the petition, effectively approving the most racist legislation in the State of Israel.
On 21 March 2007, the Knesset passed the new law which maintains the ban on family unification where one spouse is a Palestinian from the OPT and adds the more stringent denial of family unification where one spouse is a resident or citizen of Lebanon, Syria, Iran or Iraq – states all defined by Israeli law as “enemy states” – and/or is an individual defined by the Israeli security forces as residing in an area where activity is occurring that is liable to endanger Israeli security.
The Nationality and Entry into Israel Law, 31 July 2003 English | Hebrew Proposed Government Bill, 4 June 2003 (with explanatory notes)
English |
Hebrew
The Nationality and Entry Into Israel Law (Amendment), 27 July 2005 English | Hebrew
May 2007 Petition Challenging the Amended Nationality and Entry into Israel Law
H.C. 830/07, Adalah v. The Minister of the Interior, et al.
A petition filed by Adalah to the Supreme Court on 31 May 2007, demanding the cancellation of the Citizenship and Entry into Israel Law (Amendment No. 2), enacted on 21 March 2007, and that the graduated procedure for obtaining residency or citizenship status in Israel be used to decide on family unification applications equitably and without discrimination based on nationality. The new law is valid until 31 July 2008, and expands the scope of the existing law by not only preventing Israeli citizens married to Palestinians from the OPT from living together in Israel, but also residents/citizens of “enemy states” listed in the law as Iran, Iraq, Syria or Lebanon. The Knesset further provided a clause enabling the government to expand this ban without legislative oversight. Adalah argued that the new law constitutes racial discrimination as it bars certain individuals from family unification solely on the basis of their nationality; the law has no parallel in any democratic nation. It also prevents Arab citizens from having contact with their families and members of the Arab nation and the Palestinian people, which violates international law and is extremely dangerous as the Arabs in Israel are an indigenous national minority.
August 2003 Petition Challenging the Nationality and Entry into Israel Law
H.C. 7052/03, Adalah, et. al., v. Minister of Interior, et. al.
Adalah submitted the petition and a motion for injunction on 3 August 2003, challenging the constitutionality of the law. The petition was filed against the Minister of Interior and the Attorney General in Adalah’s own name and on behalf of two families affected by the law, the El-Sana and Tbilah families; the Chairperson of the High Follow-up Committee for the Arab Citizens in Israel; and all Arab MKs from the Democratic Front for Peace and Equality-Arab Movement for Renewal, the National Democratic Assembly, and the United Arab List political parties.
Result: In 5/06, a 6-5 majority of the Supreme Court rejected the petition and the six other petitions joined to it in a 263-page decision. As a result of the Court’s decision, thousands of Arab Palestinian families will be prevented from living together on the basis of their national belonging. In its response to the decision, Adalah argued that, with its decision, the Supreme Court approved the most racist legislation in the State of Israel. Adalah emphasized that in 1980, during Apartheid, a Court in South Africa refused to approve orders similar to the Nationality and Entry into Israel Law, on the ground that they contradicted the right to a family.
May 2002 Supreme Court Petition Challenging Israeli Cabinet's Decision
H.C. 4608/02, Abu Assad, et. al. v. The Prime Minister of Israel, et. al.
Adalah filed the petition filed on 30 May 2002 on behalf of 57 individuals (14 families) against the Prime Minister, the Interior Minister, and the Director of the Population Bureau, challenging a cabinet decision to prohibit family unification of any non-citizen spouse of an Israeli who is a resident of the Palestinian Authority or of Palestinian origin or descent. Decision on this petition was postponed pending a decision in H.C. 7052/03 (see above). In 1/07 the Supreme Court rejected the petition.
UN Special Consultative Status, ECOSOC
Member, Euro-Mediterranean Human Rights Network 
Adalah in
SPECIAL REPORT:
The Nationality and Entry into Israel Law, 31 July 2003 
International Federation for Human Rights (FIDH) Press Release: Discriminatory Law Approved by the Knesset -