An Introduction to the Law of Return
Zionist ideology was premised upon the reconstitution of the Jews as a free, self-determining nation in their own state. In recognition of this aspiration, Israel’s Declaration
of Independence declared that “The State of Israel will be open to the immigration of Jews and for the ingathering of exiles from all countries of their dispersion.” In
1950, this principle was given shape as the Law
of Return, enshrining this Zionist principle
within Israeli law.
The Law of Return did not step from ideology alone; it was also a practical measure. In the wake of the Holocaust, the first act of the new Israeli government was to abolish all restrictions on Jewish immigration.Israel, the government declared, would provide Jews the world over with a haven from antisemitism.
The Law of Return has also functioned as a means of
maintaining a Jewish majority within the State of
Israel by promoting aliyah.
During the 1940s and 50s, Israel’s population balance
was decisively shifted through the immigration of
millions of Jews. Today, even within the pre-1967
borders, more than twenty percent of Israel’s citizens
are non-Jewish. As a result of higher birth-rates,
the demography of
the country continues to shift in their favor.
The Law of Return has not escaped controversy. It has been suggested that an immigration policy which explicitly gives priority to one ethnic or religious group cannot be justified in liberal democratic terms, and is incompatible with Israel’s mandate as a democratic state.
Additionally, the arrival of more
than a million immigrants from the former
Soviet
Union
since 1989 has demonstrated
that unrestricted waves of immigration can place
huge economic, social and cultural pressures upon
the state (despite the long term benefits of population
growth for the Israeli economy).
The immediate and automatic granting of citizenship may also undermine the national identity of the state and its democratic process by enabling new immigrants to influence Israeli politics before demonstrating either their commitment or a basic grasp of the relevant issues.
There is also fierce debate surrounding the question
of “Who is
a Jew,” and by extension, who is eligible
to make aliyah under the Law of Return. At present,
the definition is based on Hitler’s Nuremberg
Laws:
the right of Return is granted to any individual
with one Jewish grandparent, or who is married to
someone with one Jewish grandparent. As a result,
thousands of people with no meaningful connection
to the Jewish people theoretically have the right
to immigrate.
To make matters more complicated, the Israeli Rabbinate, a purely Orthodox body, is far more stringent about its definition of who is a Jew, leaving thousands of “Jewish” immigrants ineligible for marriage and unrecognized by the state authorities.
Despite its centrality to Israel’s civic ethos, the Law of Return exists as a regular law with no special constitutional status. It is therefore vulnerable to the partisan pressures of Israeli politics, and can be amended or repealed by a simple majority vote in the Knesset.
Proposals from across the political spectrum to amend the Law of Return and resolve these issues have included:
-
Abolition and
replacement with an egalitarian immigration policy.
-
Liberalization
so as to include all Jews on the basis of self-definition.
-
Tightening to
include only those whose Jewish status is recognized
by halacha.
-
Instituting a
formal naturalization process including a waiting
period and an oath of allegiance before the granting
of citizenship.
-
Entrenchment as
a Basic Law or Constitutional provision that would
require a special majority for amendment or repeal.
In these units participants will have the opportunity
to study Israel’s immigration policy and the
issues associated with it, explore avenues for
reforming the Law of Return, and formulate recommendations
on the subject for the Constitution, Law and
Justice Committee of the Knesset.
Sources: Constitution
for Israel Project |