Hi andth,
Thank you for your interesting question.
The only exceptions to the Law of Return is stated in Article 2(b)
(i) acts against the Jewish nation; or
(ii) is liable to threaten the public health or security of the state; or
(iii) has a criminal past which is liable to endanger the public's peace.
Israel's "Law of Return"
http://www.anti-racism.supanet.com/eth/lor.htm
The "Law of Return" was passed by the Knesset on July 6, 1950. It has
also been amended twice. The first amendment (September 1, 1954) is
underlined in the text below, whilst the second amendment (March 19,
1970) is italicised.
The following should not be relied on as a definitive statement of
current law. Only the origin Hebrew version as interpreted by the
courts in Israel has final authority. The only way to learn the
current Law concerning aliyah (immigration to the State of Israel as a
"Jew") is to contact the appropriate authority at your local Israel
Embassy or Consulate.
Although I have been most careful in copying out the following, any
errors in the text are entirely mine. The original translation from
Hebrew into English was made by Dr. Susan Hattis Rolef in "Appendix
II" of her book, "The Political Dictionary of Israel", 1987.
The "Law of Return"
1. Every Jew has the right to immigrate to the country.
2. (a) Immigration shall be on the basis of an immigration visa.
(b) An immigrant visa shall be issued to any Jew who has expressed a
desire to settle in Israel, unless the Ministry of the Interior is
satisfied that the applicant:
(i) acts against the Jewish nation; or
(ii) is liable to threaten the public health or security of the state; or
(iii) has a criminal past which is liable to endanger the public's peace.
3. (a) A Jew who has come to Israel and after his arrival expresses a
desire to settle in the country may, while in Israel, obtain an
immigrant certificate.
(b) The exceptions specified in Article 2(b) shall apply to the issue
of an immigrant certificate as well, though a person shall not be
regarded as a threat to public health as a result of an illness which
he has contracted after his arrival in Israel.
4. Every Jew who has immigrated to the country before this law goes
into effect and, every Jew who was born in the country, either before
or after the law is effective, enjoys the same status as whoever
immigrated on the basis of this law.
4A. (a) The rights of a Jew under this law and the rights of an
immigrant under the Citizenship Law - 1952, as well as the rights of
an immigrant under any other legislation, are also imparted on the
child or grandchild of a Jew, and on the spouse of a Jew and on the
spouse of the child or grandchild of a Jew; excluding a person who was
a Jew and willingly changed his religion.
(b) It is immaterial whether the Jew by virtue of whom the right is
claimed under clause (a) is or is not alive and whether he did or did
not immigrate to the country.
(c) The reservations and conditions laid down with regard to a Jew or
immigrant in this law, or under it, or in legislation as mentioned in
clause (a) will apply to those who claim a right under clause (a) as
well.
4B. For the purpose of this law a "Jew" - anyone born to a Jewish
mother or who has converted, and is not a member of another religion.
The Ministry of the Interior is in charge of the enforcement of this
law and may enact regulations in connection with its implementation
and for the issue of immigrant visas and immigrant certificates to
minors up to the age of 18.
Regulations regarding clauses 4A and 4B require the approval of the
Constitution, Law and Justice Committee of the Knesset.
================================================
Jewish Virtual Library - Law of Return 5710-1950
http://www.jewishvirtuallibrary.org/jsource/Immigration/Text_of_Law_of_Return.html
From the 'Lectric Law Library's stacks - Israel's Law Of Return Giving
Every Jew The Right To Automatically Acquire Citizenship
http://www.lectlaw.com/files/int16.htm
The Citizenship and Entry into Israel Law (temporary provision) 5763 - 2003
(Unofficial Translation)
http://www.knesset.gov.il/laws/special/eng/citizenship_law.htm
=================================================
What was the Jewish Law of Return to Israel?
http://www.palestinefacts.org/pf_1948to1967_lawofreturn.php
On July 5, 1950, the Israeli Knesset passed the Law of Return,
fulfilling the dream of Theodor Herzl, Zionism's founder. Herzl
experienced anti-Semitism in Europe and saw its effects in many
countries. He saw that there was only one solution: the mass
immigration of Jews to a land that they could call their own.
The law begins with a few simple words that defined Israel?s central purpose:
Every Jew has the right to immigrate to this country ...
The State of Israel was established for the very purpose of
repatriating the Jewish people from the Diaspora, to enable the
"Ingathering of the Exiles", to give every Jew anywhere in the world
the option to return to the land of his fathers. Two thousand years of
wandering were officially over.
The Law of Return (and related Law of Citizenship) states that every
Jew in the world has the inherent right to settle in Israel as an
automatic citizen; it emphasizes the purpose of Israel as a homeland
for all Jews. The law does not attempt to define the term Jew, which
has caused controversy in Israel from time to time. A 1970 amendment
accords the right to immigrate to Israel to non-Jews who are either
children or grandchildren of a Jew, the spouse of a Jew or the spouse
of a child or grandchild of a Jew. The amendment was intended to
accept in Israel families, mainly from Eastern Europe, where mixed
marriages were abundant.
There are exceptions under the law, if a Jew has converted to another
religion, or if the person posed an imminent danger to public health,
state security, or the Jewish people as a whole. Terrorists are not
entitled to "return", even if they were Jewish. Others, non-Jewish,
who want to settle in Israel, whether Arab or from any other origin,
may do so if thry meet the requirements set forth in the Law of Entry
to Israel (1952) and the Law of Citizenship (1952), regarding
naturalization. These requirements are similar to the immigration laws
of most countries.
The main criticism raised against the Law of Return is that is
discriminates against Arabs and especially against Palestinian
refugees who wish to return to their former homes in Israel. This
argument has no basis; obviously there is no sense in inviting any
Arab who so desires to immigrate at will into Israel, the Jewish State
which was established for the Jewish People in accordance with the UN
Resolution 181, and by virtue of the right of the Jewish People to
self determination. The bestowal of the "right of return" to Israel to
non-Jews or to persons without a Jewish relative is illogical and
contradicts the principal purpose of setting up a Jewish State as
prescribed by the Balfour Declaration of 1917, the League of Nations
Mandate of 1922, and the UN Resolution of November 1947. The Law of
Return is central to what the State of Israel stands for. Proposing to
open Israel to immigration by any Arab is a disguised way of proposing
the extinction of Israel.
Ever since its establishment, Israel has reiterated that it is a
Jewish and democratic state. The Law of Return and the Law on
Citizenship reflect the tension that exists in Israel between Israel's
desire to be a Jewish state, a state of the entire Jewish people, and
at the same time its desire to be a democratic state.
Controversy also exists over the Law of Return with respect to its
wording among those who are favor retaining the law, because of the
"Who is a Jew?" issue relating to the law. There are differing
approaches to this subject among Israeli and Diaspora Jews, in terms
of defining a Jew for the purpose of the Law of Return. There is also
a lively debate over the meaning of the terms "Jewish State" and
"State of the Jews."
Discussion around the law and its wording constantly reappears on
private and public agendas in Israel and the Diaspora. The Knesset has
repeatedly debated proposals to amend the Law of Return, and it has
indeed been amended a number of times over the years. These
modifications reflect the changes that have taken place in Israeli
society and the shifts taking place in political dialogue both inside
Israel itself, as well as between Israel and the Diaspora. The present
law also constitutes an expression of permanent trends, as well as of
the Israeli legislative system's ability to adapt itself to changing
circumstances.
=================================================
A very recent change to the restrictions:
http://www.israelnn.com/news.php3?id=67668
http://www.israelnationalnews.com/news.php3?id=67667
=================================================
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Best regards,
tlspiegel |
