By Samer Daoudi
Israel’s family unification policy has a profound impact on Palestinians, affecting their social fabric, emotional well-being, and economic opportunities. In particular, the restrictions imposed on Palestinians who seek to reunite with their families within Jerusalem have drawn criticism for their discriminatory nature. Recognizing the importance of family ties and the fundamental right to family life is essential in fostering a more inclusive and just society for all residents who live inside the so-called Green Line.
In effect, the law bans the unification of Palestinian families, as it forbids the Israeli minister of interior from granting residency or citizenship status to Palestinians from the West Bank and the Gaza Strip who are married to Palestinian citizens of Israel or Palestinian residents of Jerusalem. It also bans the unification of a citizen or resident of Israel with a spouse from an “enemy state,” such as Syria, Lebanon, Iraq, or Iran.
Exceptions are made in cases when one or both applicants have worked for the security sector of the State of Israel. Otherwise, the spouse who is from the West Bank must satisfy the age category: namely, if the wife is from the West Bank, she must be at least 25 years old, and if the application is made on behalf of the husband, then he must be 35 years old or above. If the couple does not satisfy the age requirement, then the application will be rejected automatically. Moreover, the couple and their families may not hold any criminal and/or security records. The law defines “family” as the parents of the couple, their siblings, their spouses, and any children (either their own or children they might have had from other marriages). If any one of the people mentioned above has such a record, the family unification application will be rejected. If the above stipulation is challenged in a court of law, the applicants must cut ties with any family member that has a criminal or security file and sign a legally binding document. If they ever contact that person again, they lose their “privilege” and face criminal charges themselves.
Take into consideration that this differs greatly from the relatively relaxed criteria applied to Jewish immigrants under the Law of Return. They are welcomed with open arms, whereas the family unification process for Palestinians tends to be complex and lengthy, requiring various permits, security clearances, and documentation, which generally leads to significant delays and rejections.
The mix of social, economic, and human rights concerns and the resulting impact places married couples under constant pressure. Indeed, this and other discriminatory laws and practices not only aim to separate families, they also promote gender imbalance and gender violence and deepen the vulnerability of women and children through the dynamic and imbalance of power they create.
There are thousands of Palestinian Jerusalemites who don’t meet the requirements to apply for the family unification process, thus forcing them to live outside of Jerusalem. This puts Jerusalem residents at risk of losing their Jerusalem ID cards and has a rolling effect on children who can also lose out on obtaining a Jerusalem ID card.
Those who meet the requirements to apply for the family unification process will have to wait a long time – up to 25 years or more in some cases – to obtain a Jerusalem ID card. The process is difficult and will test a couple’s level of commitment and resilience. For years, spouses from the West Bank or outside of EJ have only been able to obtain a permit that is renewed on a yearly basis. Only recently (June 2021) were spouses that had their family unification approved on an ongoing basis able to obtain a driving permit to drive inside the Green Line, and they can only drive one vehicle, no more! For almost 20 years, spouses from outside EJ were not able to drive, leaving them totally dependent on the other Jerusalem spouse.
The discriminatory nature of family unification policies has been a subject of concern for human rights organizations, including the Society of Saint Yves. These policies violate the right to family life that is enshrined in international human rights standards. Many individuals and organizations have thus asserted that the restrictions imposed on Palestinians seeking to reunite with their families are a form of forcible transfer, collective punishment, and infringement of basic rights.
In advocating for an inclusive family unification process, we must call for the removal of such discriminatory practices and for the establishment of a system that treats all individuals equally, regardless of their ethnicity, nationality, religion, race, gender, or color.
