Aliyah Quotas To Be Introduced?!!!

Basic Law Proposal: Entry, Immigration, and Status in Israel

Critical Advisory on Fundamental Legal Changes

The impending Basic Law on Entry, Immigration, and Status represents the most significant reform to Israel's immigration framework since the state's founding. This is not a routine legislative adjustment but a comprehensive reconstitution of the legal foundations governing who may enter, remain in, and become part of the State of Israel.

Those with pending immigration cases or future immigration intentions are strongly advised that this legislation could fundamentally alter their legal standing. The narrow window before implementation represents a critical opportunity for addressing immigration matters under current regulations. Seek professional guidance from immigration specialists with extensive experience in Israeli law to properly assess how these changes might affect individual circumstances.

Foundational Principles and Constitutional Context

Historical and National Identity Foundations

  1. The Land of Israel constitutes the historical birthplace of the Jewish people, the territory where their national identity developed and where the modern State of Israel was established.

  2. The State of Israel serves as the nation-state of the Jewish people, providing the sole sovereign space wherein they may exercise their natural, cultural, religious, and historical right to national self-determination.

  3. The right to national self-determination within Israel's sovereign territory is exclusively reserved for the Jewish people, as established in previous Basic Laws and reaffirmed herein.

  4. Consistent with its foundational purpose, the State of Israel maintains permanent openness to Jewish Aliyah (immigration) and facilitates the Ingathering of the Exiles from the global diaspora.

  5. As a sovereign nation, the State of Israel possesses the inherent and absolute authority to determine admission criteria and to regulate who may enter its territory.

Legislative Intent and Legal Supremacy

  1. This Basic Law establishes a comprehensive legal framework governing all aspects of:

    • Entry into Israeli territory

    • Immigration processes and criteria

    • Status acquisition and maintenance

    • Naturalization requirements and procedures

    • Citizenship rights and obligations

  2. The overarching purpose is ensuring Israel's immigration policy:

    • Protects the exclusive right of Jewish self-determination

    • Preserves Israel's demographic character as the Jewish nation-state

    • Maintains Israel's sovereignty and territorial integrity

    • Safeguards national security interests

    • Provides clear, consistent guidelines for immigration authorities

  3. Legal Hierarchy Provision: In any instance of conflict between provisions of any law (including other Basic Laws) and provisions contained herein, this Basic Law shall prevail as the supreme legal authority on immigration matters, unless another law explicitly states its provisions apply notwithstanding this Basic Law.

Comprehensive Immigration Status Framework

Residency and Citizenship Principles

  1. Authority and Legislative Framework:

    • All provisions regarding acquisition, maintenance, and revocation of Israeli residency and citizenship shall be established through comprehensive legislation.

    • The Interior Ministry shall develop detailed regulations implementing these legislative directives.

    • Administrative discretion shall be exercised within strict parameters established by law.

  2. Annual Immigration Quota System:

    • The Government, subject to Knesset approval, shall establish maximum annual quotas for non-Jewish status recipients.

    • Quotas shall be determined based on:

      • Demographic considerations

      • Economic capacity

      • Security assessments

      • Social integration factors

      • Housing availability

      • International obligations

    • Quotas may be subdivided by:

      • Immigration category

      • Country of origin

      • Professional qualifications

      • Family relationship to citizens

      • Other criteria determined by law

  3. Illegal Entry and Overstay Prohibition:

    • Any person who entered Israel unlawfully or remained beyond authorized duration exceeding three months shall be permanently ineligible for status regularization.

    • This includes:

      • Border crossing outside official ports of entry

      • Entry under false pretenses or documentation

      • Visa/permit overstays

      • Violation of visa conditions

      • Remaining after status revocation

  4. Law of Return Exception:

    • The quota limitations and illegal entry prohibitions explicitly DO NOT apply to individuals eligible to immigrate to Israel under the Law of Return (5710-1950).

    • Eligibility under the Law of Return supersedes all other immigration restrictions contained herein.

    • Nothing in this Basic Law shall be construed to limit or restrict immigration rights guaranteed under the Law of Return.

Entry Regulation Framework

  1. Legislative Authority:

    • Detailed provisions regarding conditions for entry, visa categories, border procedures, and points of entry shall be established through legislation.

    • Entry regulations shall be regularly reviewed and updated to address emerging threats and changing circumstances.

  2. Judicial Review Limitations:

    • Non-citizens and non-residents possess no inherent right to judicial appeal regarding entry determinations.

    • Courts shall not exercise jurisdiction over entry matters involving non-citizens/non-residents.

    • Courts may only grant entry-related relief after determining the petitioner possesses legal entitlement to status under existing law.

    • This limitation extends to all levels of the Israeli judiciary including the Supreme Court.

  3. Law of Return Judicial Exception:

    • The judicial review limitations SHALL NOT apply to individuals claiming eligibility under the Law of Return.

    • Persons claiming Law of Return eligibility retain full access to judicial review of entry decisions.

    • Courts shall prioritize adjudication of Law of Return eligibility claims.

  4. Categorical Entry Prohibitions:

    • The Government, with Knesset approval, possesses authority to categorically prohibit entry, status acquisition, or residency for:

      • Citizens of specified hostile nations

      • Residents of territories designated as security risks

      • Members of organizations deemed threats to national security

      • Individuals with ideological positions explicitly opposed to Israel's existence

      • Categories of persons determined to present integration challenges

    • Such prohibitions may be total or subject to individualized exceptions based on criteria established by law.

Management of Illegal Residents

Removal Obligation

  1. Mandatory Removal:

    • The state bears an affirmative obligation to remove from Israeli territory any person who:

      • Entered illegally

      • Overstayed authorized period

      • Violated visa conditions

      • Had status revoked

      • Otherwise lacks legal authorization to remain

    • Removal shall be executed through orderly deportation procedures established by law.

    • Temporary humanitarian considerations may delay but not permanently prevent removal.

  2. Departure Incentivization:

    • When immediate physical removal is impracticable, the state shall implement comprehensive measures to encourage voluntary departure.

    • These measures shall be designed to create conditions where departure becomes the most rational choice for illegal residents.

  3. Enforcement Mechanisms:

    • Future legislation shall establish specific enforcement provisions including:

    a. Detention Authorization:

    • Authority to hold illegal residents in designated detention facilities for the entirety of their unauthorized stay

    • Establishment of specialized immigration detention centers

    • Administrative procedures for detention determinations

    • Periodic status reviews as required by international law

    b. Movement Restrictions:

    • Geographic confinement to designated areas

    • Prohibition from specified security-sensitive zones

    • Temporal restrictions on movement (curfews)

    • Reporting requirements to immigration authorities

    • Electronic monitoring when appropriate

    c. Employment Restrictions:

    • Prohibition from working in sensitive industries or locations

    • Restrictions on types of permissible employment

    • Special work authorization requirements

    • Employer penalties for hiring unauthorized workers

    • Occupational licensing limitations

    d. Financial Controls:

    • Authority to hold in trust all or portion of earnings

    • Repatriation of funds contingent on departure

    • Restrictions on financial transactions

    • Limited access to banking services

    • Remittance monitoring

    e. Service Access Limitations:

    • Differentiated access to public services

    • Restrictions on non-emergency medical benefits

    • Limitations on educational enrollment

    • Housing restrictions

    • Transportation limitations

    • Social benefit ineligibility

Status Revocation Provisions

  1. Legislative Framework:

    • Future legislation may establish conditions and procedures for revocation of:

      • Israeli citizenship (acquired through any means)

      • Permanent residency

      • Temporary residency

      • Other immigration statuses

  2. Potential Revocation Grounds:

    • Security threats

    • Criminal convictions

    • Fraud in application process

    • Extended absence from Israel

    • Acquisition of foreign nationality

    • Acts incompatible with loyalty to the state

    • Other grounds established by law

  3. Procedural Requirements:

    • Revocation procedures shall include appropriate due process protections

    • Review mechanisms shall be established

    • Consideration of humanitarian factors and proportionality

    • Special provisions for statelessness prevention

Constitutional Stability Safeguards

  1. Emergency Regulation Immunity:

    • Emergency regulations, regardless of their nature or declared necessity, cannot:

      • Alter any provision of this Basic Law

      • Temporarily suspend its validity

      • Modify its application

      • Create exceptions to its requirements

      • Stipulate additional conditions

  2. Amendment Supermajority Requirement:

    • This Basic Law shall only be amendable through:

      • A new Basic Law specifically addressing immigration matters

      • Approval by an absolute majority of Knesset members (61+)

      • Explicit statement of intent to modify this Basic Law

      • Clear specification of provisions being amended

  3. Transitional Legal Continuity:

    • All existing legislation and administrative directives governing immigration matters in force at the time of this Basic Law's enactment shall be deemed valid and consistent with its provisions.

    • Reinterpretation of existing legislation shall conform to the principles established herein.

  4. Interim Status Restrictions:

    • Until implementation of the annual quota system:

      • Status shall only be granted according to special provisions established by law

      • Interim quotas may be established by administrative action

      • Priority shall be given to humanitarian cases and family reunification

      • Special consideration for unique diplomatic priorities

Comprehensive Explanatory Notes

This Basic Law addresses Israel's urgent need for a coherent immigration policy framework after decades of fragmented approaches. The legislation responds to significant challenges posed by various migration waves, infiltration attempts, and inconsistent judicial interpretations that have created legal uncertainty.

The lack of comprehensive immigration legislation has resulted in temporary provisions and judicial interventions that often failed to adequately consider Israel's character as the nation-state of the Jewish people. This Basic Law establishes a cohesive legislative framework that respects democratic principles while safeguarding national identity.

Key innovations include:

  1. Legal Hierarchy Clarification: Establishing clear precedence of immigration considerations over potentially conflicting legal provisions.

  2. Quota System Introduction: Creating transparent, legislatively-approved limits on non-Jewish immigration to ensure demographic sustainability.

  3. Judicial Review Rationalization: Preserving judicial oversight for those with legitimate status claims while preventing judiciary from effectively creating immigration policy.

  4. Comprehensive Illegal Residency Management: Developing a systematic approach to addressing unauthorized presence that combines removal obligations with practical departure incentives.

  5. Status Revocation Framework: Establishing clear legal basis for citizenship and status revocation in appropriate cases.

  6. Law of Return Preservation: Explicitly maintaining the special status of Jewish immigration while reforming other immigration categories.

This Basic Law represents a balanced approach that preserves Israel's Jewish character while providing clear, legally sound immigration procedures. It addresses long-standing governance gaps by shifting immigration policy from judicial determination to legislative direction, consistent with democratic principles of representative governance.

Submitted to the Speaker and Deputy Speakers of the Knesset for consideration

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