Israel’s Parliament passed a law early on Thursday that would allow the deportation of family members of Palestinians accused of being involved in attacks to Gaza or other locations— even if they are Israeli citizens.
The new law, supported by Prime Minister Benjamin Netanyahu‘s Likud party and his far-right allies, targets Palestinian citizens of Israel and residents of annexed east Jerusalem.
The legislation, which passed with a 61-41 vote, is seen as a significant escalation in Israel’s response to Palestinian violence, but legal experts warn that it is unlikely to be implemented due to its constitutional and legal challenges.
Under its provisions, family members who knew in advance of an attack or who express support for acts of terrorism could be deported for a period of seven to 20 years.
Debbie Hill/AP, Pool
Is Israel’s New Law Unconstitutional?
The law’s timing is especially sensitive, as it comes amid the ongoing Israel-Hamas war in Gaza, which has led to tens of thousands of deaths and extensive internal displacement.
It remains unclear whether the law would be applied in the occupied West Bank, where Israel already demolishes the homes of attackers’ families as part of its long-standing policy.
Oded Feller, a legal adviser for the Association for Civil Rights in Israel, dismissed the measure as “populist nonsense.” He stressed that the Interior Ministry has no legal mechanism to deport Israeli citizens or residents to Gaza or a foreign country.
As such, Feller believes that the law would be struck down if authorities attempt to enforce it.
His organization, however, does not plan to challenge the law directly unless enforcement actions are taken.
Debbie Hill/AP, Pool
What Rights do Palestinian Citizens of Israel Have?
Eran Shamir-Borer, a senior researcher at the Israel Democracy Institute and former international law expert for the Israeli military, echoed Feller’s concerns, arguing that the law would likely be invalidated by Israel’s Supreme Court.
He said: “The bottom line is this is completely nonconstitutional and a clear conflict to Israel’s core values.”
The law has provoked concern among Palestinian citizens of Israel, who make up about 20 percent of the population.
Though they are citizens with voting rights, many face significant discrimination and have strong familial ties to Palestinians in the occupied territories.
In east Jerusalem, Palestinians have permanent residency but are often reluctant to apply for full citizenship due to bureaucratic hurdles and political complications.
While the law targets Palestinian citizens and residents, its implications are far-reaching.
The legislation could deepen tensions within Israel’s Arab community, where many individuals sympathize with the broader Palestinian cause.
Palestinians have carried out numerous attacks in recent years, including stabbings, shootings, and car-ramming incidents, which have contributed to escalating violence.
The law may also have international ramifications.
Why Does Israel Keep Building Illegal Settlements?
Israel’s annexation of east Jerusalem and continued occupation of the West Bank are not recognized by most of the global community.
Meanwhile, the ongoing war in Gaza has drawn widespread international attention, with many countries urging both sides to pursue a ceasefire and end the violence.
Israel captured Gaza, the West Bank, and east Jerusalem during the 1967 Middle East War.
Though it withdrew settlers and soldiers from Gaza in 2005, it has reoccupied parts of the territory in the aftermath of Hamas‘ attack on Israel on Oct. 7, 2023.
It’s been a little over a year since Hamas led the deadliest Palestinian militant attack in Israel’s history, killing some 1,200 people and taking roughly 250 hostages. Nearly 100 people remain in captivity, less than 70 of whom are believed to be alive.
Israel subsequently launched its military operation in Gaza, killing some 43,000 Palestinians so far, according to Gaza’s health ministry. Local health officials don’t differentiate between civilians and fighters.
Though the new law’s passage represents a tough stance on Palestinian attacks, the complex legal and constitutional hurdles it faces mean its implementation remains uncertain.
For now, the law’s future will likely be determined by Israel’s courts, and its practical effects remain unclear.
This article contains additional reporting from The Associated Press