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
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.
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.
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.
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.
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
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
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
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
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.
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
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
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
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.
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.
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.
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
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.
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.
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
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
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
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
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
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
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.
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:
Legal Hierarchy Clarification: Establishing clear precedence of immigration considerations over potentially conflicting legal provisions.
Quota System Introduction: Creating transparent, legislatively-approved limits on non-Jewish immigration to ensure demographic sustainability.
Judicial Review Rationalization: Preserving judicial oversight for those with legitimate status claims while preventing judiciary from effectively creating immigration policy.
Comprehensive Illegal Residency Management: Developing a systematic approach to addressing unauthorized presence that combines removal obligations with practical departure incentives.
Status Revocation Framework: Establishing clear legal basis for citizenship and status revocation in appropriate cases.
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