View source for Law of Return

{{short description|1950 Israeli law granting Jews the right to immigrate and gain Israeli citizenship}}
{{About|the right of return in Israel|similar laws in other countries|Right of return}}
{{pp-30-500|small=yes}}
{{Aliyah}}
The '''Law of Return''' ({{lang-he|חוק השבות}}, ''ḥok ha-shvūt'') is an Israeli law, passed on 5 July 1950, which gives [[Jews]], people with one or more Jewish grandparent, and their spouses the right to [[Aliyah|relocate to Israel]] and acquire [[Israeli nationality law|Israeli citizenship]].<ref>{{cite encyclopedia|url=https://www.britannica.com/EBchecked/topic/296740/Israel/219423/The-Ben-Gurion-era?anchor=ref741699 |title=Israel :: Armistice and refugees – Encyclopædia Britannica |encyclopedia=Britannica.com |access-date=2014-07-08}}</ref> Section 1 of the Law of Return declares that "every Jew has the right to come to this country as an ''oleh'' [immigrant]". In the Law of Return, the [[State of Israel]] gave effect to the [[Zionist]] movement's "credo" which called for the establishment of Israel as a [[Jewish state]]. In 1970, the right of entry and settlement was extended to people with at least one Jewish grandparent and a person who is married to a Jew, whether or not they are [[Zera Yisrael|considered Jewish]] under [[Orthodox Judaism|Orthodox]] interpretations of [[Halakha|Jewish law]].<ref name="jpost">{{cite news|last=Omer-Man|first=Michael|url=http://www.jpost.com/Features/In-Thespotlight/This-Week-in-History-Jewish-right-to-aliya-becomes-law|title=This Week in History: Jewish right to aliya becomes law|newspaper=[[The Jerusalem Post]]|date=7 August 2011|access-date=1 December 2015|url-status=live|archive-url=https://web.archive.org/web/20151208171731/http://www.jpost.com/Features/In-Thespotlight/This-Week-in-History-Jewish-right-to-aliya-becomes-law|archive-date=8 December 2015}}</ref>

On the day of arrival in Israel, or occasionally at a later date, a person who enters Israel under the Law of Return as an ''oleh'' would receive a certificate confirming their ''oleh'' status. The person then has three months to decide whether they wish to become a citizen and can renounce their prior citizenship during this time. Since 2005, the right does not apply to residents of the [[West Bank]] or the [[Gaza Strip|Gaza strip]] due to the [[Citizenship and Entry into Israel Law]]. The right to an ''oleh'' certificate may be denied if the person is engaged in [[Antisemitism|anti-Jewish activity]], is a hazard to the public health or security of the state, or has a criminal past that may endanger public welfare.<ref>[http://www.mfa.gov.il/MFA/MFAArchive/2000_2009/2001/8/Acquisition%20of%20Israeli%20Nationality Acquisition of Israeli Citizenship]</ref> 

==History==
[[File:19450715 Buchenwald survivors arrive in Haifa.jpg|thumb|Holocaust survivors arriving in Haifa in 1945, before the passage of the Law of Return]]
[[File:Olim from morocco.jpg|thumb|Moroccan Jewish immigrants arriving in Israel under the Law of Return, 1954]]
[[File:Welcoming.jpg|thumb|North American immigrants arriving in Israel under the auspices of [[Nefesh B'Nefesh]]]]
The Law of Return was passed unanimously by the [[Knesset]], Israel's Parliament, on 5 July 1950.<ref>{{cite web|url=https://www.jewishvirtuallibrary.org/jsource/Immigration/Text_of_Law_of_Return.html|title=Law of Return|website=www.jewishvirtuallibrary.org|access-date=1 May 2018|url-status=live|archive-url=https://web.archive.org/web/20170113034659/https://www.jewishvirtuallibrary.org/jsource/Immigration/Text_of_Law_of_Return.html|archive-date=13 January 2017}}</ref> The date chosen so that it would coincide with the anniversary of the death of Zionist visionary [[Theodor Herzl]].<ref>{{cite journal|url=http://cadmus.eui.eu/handle/1814/56024|title=Report on citizenship law: Israel|year=2018|last1=Herzog|first1=Ben|last2=Harpaz|first2=Yossi}}</ref> It declared:

:"Every Jew has the right to come to this country as an [[aliyah|oleh]]."

In a declaration to the Knesset, the then Israeli prime minister [[David Ben-Gurion]] asserted that the law did not bestow a right but rather reaffirmed a right Jews already held:<ref name = "edelman1998">{{cite journal|first=Martin|last=Edelman|year=1998|title=Who is an Israeli?: "Halakah" and Citizenship in the Jewish State|publisher=Jerusalem Center for Public Affairs|journal=Jewish Political Studies Review|volume=10|issue=3/4|pages=87–115|jstor=25834432}}</ref>

:"This law does not provide for the State to bestow the right to settle upon the Jew living abroad; it affirms that this right is inherent in him from the very fact of being a Jew; the State does not grant the right of return to the Jews of the diaspora. This right {{sic|pre|ceed}} the State; this right {{sic|bui|ld}} the State; its source is to be found in the historic and never broken connection between the Jewish people and the homeland."

Follow-up legislation on immigration matters was contained in the [[Israeli Nationality Law of 1952|Nationality Law of 1952]].

Originally, the rights under the Law of Return applied only to Jews.<ref>Navot, Suzi, ''Constitutional law of Israel'', p.188</ref> However, due to an inability on the lawmakers to agree on a definition of "who is a Jew", the Law did not define the term, relying instead on the issue to resolve itself over time. As a result, the Law relied in effect on the traditional [[halakhic]] definition. But, the absence of a definition of who is a Jew, for the purpose of the Law, resulted in divergent views of the various streams of Judaism competing for recognition.

Those who immigrate to Israel under the Law of Return are immediately entitled to citizenship in Israel. However, differences of opinion have arisen as to whether a person who claims citizenship under the Law of Return should be automatically registered as "Jewish" for census purposes. According to the halakhic definition, a person is Jewish if their mother is Jewish, or if they convert to Judaism. Orthodox Jews do not recognize conversions performed by Reform or Conservative Judaism.  However, the Law provides that any Jew regardless of affiliation may migrate to Israel and claim citizenship.

===Jewish ancestry amendment===
The Law of Return was amended in 1970 to extend the right of return to some non-Jews.<ref>[[Shmuel Rosner|Rosner, Shmuel]] & [[John S. Ruskay|Ruskay, John]] (2016), ''Exploring the Jewish spectrum in a time of fluid identity: JPPI special report on the 2016 Structured Jewish World Dialogue'' (Heb. '''המנעד היהודי בעידן של זהות גמישה: עמדות יהודי העולם'''), Jerusalem, p. 82 (note 207) (Hebrew)</ref><ref>Yedidia Z. Stern & Netanel Fisher (2018), ''Conversion in Israel: Vision, Achievements, and Challenges'', The Israeli Institute for Democracy: Jerusalem, p. 135 {{ISBN|978-965-519-217-9}} (Hebrew).</ref> Amendment number 2, 4a, states:

{{blockquote|The rights of a Jew under this Law and the rights of an oleh under the Nationality Law, 5712-1952***, as well as the rights of an oleh under any other enactment, are also vested in a child and a grandchild of a Jew, the spouse of a Jew, the spouse of a child of a Jew and the spouse of a grandchild of a Jew, except for a person who has been a Jew and has voluntarily changed his/her religion.<ref>{{cite web |url=http://www.mfa.gov.il/MFA/MFAArchive/1950_1959/Law+of+Return+5710-1950.htm |title=Law of Return 5710-1950 |publisher=Mfa.gov.il |access-date=2014-07-08 |url-status=live |archive-url=https://web.archive.org/web/20131013182817/http://www.mfa.gov.il/MFA/MFAArchive/1950_1959/Law+of+Return+5710-1950.htm |archive-date=2013-10-13 }}</ref>}}

The law since 1970 applies to the following groups:
* Those [[Who is a Jew?|born Jews]] according to the Orthodox interpretation; having a Jewish mother or maternal grandmother.
* Those with Jewish ancestry – having a Jewish father or grandfather. 
* Converts to Judaism ([[Orthodox Judaism|Orthodox]], [[Reform Judaism|Reform]], or [[Conservative Judaism|Conservative]] denominations—not secular—though Reform and Conservative conversions must take place outside the state, similar to [[civil marriage]]s).

Jews who have [[Who is a Jew?#Jews who have practiced another religion|converted to another religion]] are not eligible to immigrate under the Law of Return, even though they are still Jews according to halakha.

The 1970 amendment was induced by the debate on "[[who is a Jew?]]". Until then the law did not refer to the question. There are several explanations for the decision to be so inclusive. One is that as the [[Nuremberg Laws]] did not use a ''halakhic'' definition in its definition of "who is a Jew", the Law of Return definition for citizenship eligibility is not ''halakhic'' either. Another explanation is the 1968 wave of immigration from [[Poland]], following an [[History of the Jews in Poland#1967–1989|antisemitic campaign by the government]]. These immigrants were very assimilated and had many non-Jewish family members.<ref>{{cite news |last1=Ilan |first1=Shahar |title=הכל על השולחן. גם חוק השבות |url=http://www.haaretz.co.il/hasite/pages/ShArtPE.jhtml?itemNo=575570&contrassID=2&subContrassID=4&sbSubContrassID=0 |archive-url=https://web.archive.org/web/20101026064659/http://www.haaretz.co.il/hasite/pages/ShArtPE.jhtml?itemNo=575570&contrassID=2&subContrassID=4&sbSubContrassID=0 |archive-date=26 October 2010 |language=he |trans-title=Everything on the Table, Including the Law of Return}}</ref>

A second explanation is that in order to increase immigration levels so as to offset the "[[demographic threat]]" posed by the growth of the Arab population, the law expanded the base group of those eligible to immigrate to Israel.<ref>Ian Lustick, "Israel as a Non-Arab State: The Political Implications of Mass Immigration of Non-Jews,” ''Middle East Journal'', 53:3, 101–117, 1999.</ref>

A third explanation promoted by religious Jews is that the overwhelmingly secular leadership in Israel sought to undermine the influence of religious elements in Israeli politics and society by allowing more secular Jews and their non-Jewish spouses to immigrate.<ref>Eleonara Poltinnikova-Shifrin. "The Jewish State and the Law of Return." {{cite web |url=http://foundation1.org/wp-en/2002/01/01/the-jewish-state-and-the-law-of-return-2/ |title=The Jewish State and Law of Return |access-date=2006-10-02 |url-status=live |archive-url=https://web.archive.org/web/20070308140402/http://foundation1.org/wp-en/2002/01/01/the-jewish-state-and-the-law-of-return-2/ |archive-date=2007-03-08 |date=January 2002 }} 1 January 2002.</ref>

The Israeli Rabbinate is a purely Orthodox body that is far more strict in defining "who is a Jew". This creates a situation in which thousands of immigrants who are eligible for citizenship under the Law of Return's criteria, are ineligible for Jewish marriage by the Israeli Rabbinate.<ref>{{cite web|url=https://www.jewishvirtuallibrary.org/jsource/Politics/return.html|title=An Introduction to the Law of Return|website=www.jewishvirtuallibrary.org|access-date=1 May 2018|url-status=live|archive-url=https://web.archive.org/web/20170115014057/http://www.jewishvirtuallibrary.org/jsource/Politics/return.html|archive-date=15 January 2017}}</ref>

As of 2021, 3,340,000 Jews have immigrated to Israel since its independence in 1948.<ref name="Jewish Agency JA">{{cite web |title=Aliyah to Israel Has Increased by 31% in 2021 |url=https://www.jewishagency.org/aliyah-to-israel-increased-by-31-in-2021/ |website=Jewish Agency |access-date=26 January 2022}}</ref>
Hundreds of thousands of people who do not have Jewish status under Orthodox Jewish interpretations of halakha received Israeli citizenship, as the law confers citizenship to all offspring of a Jew (including grandchildren) and their spouses.<ref>{{cite news |url=http://www.ynetnews.com/articles/0,7340,L-3676035,00.html |title=Law of Return to be revised – Israel Jewish Scene, Ynetnews |newspaper=Ynetnews |publisher=Ynetnews.com |date= 2009-02-23|access-date=2014-07-08 |url-status=live |archive-url=https://web.archive.org/web/20140324031156/http://www.ynetnews.com/articles/0,7340,L-3676035,00.html |archive-date=2014-03-24 |last1=Felter |first1=Nurit }}</ref>

==Denial of citizenship==
Section 2(b) of the Law of Return empowers the [[Ministry of Interior (Israel)|Minister of Interior]] to deny Israeli citizenship under the Law of Return on a number of grounds. For example, an applicant may be denied citizenship if they are considered a threat to the security of the State of Israel (e.g. treason against the Jewish State), or who has a past criminal record involving a serious crime, such as murder, and poses a danger to the well-being of the State of Israel; or, for example, may be a fugitive in another country for any felony (unless they are persecution victims); or such persons who, by virtue of their illness, may pose a serious public health risk to the people of Israel; as also any person who may be actively engaged in any campaign that vociferously speaks out against the Jewish people and undermines their cause (such as demagoguery).<ref name="israelhayom2018">{{cite news |last=Beilin |first=Yossi |title=Boycott: Coming to terms with Arielle Gold |pages=31 |language=he |publisher=[[Israel HaYom]] |date=8 July 2018 }}</ref>

This provision has been used to exclude applicants a handful of times since Israel's establishment. Notable cases include [[Robert Soblen]], an American Communist who spied for the [[Soviet Union]] and fled to Israel in an attempt to escape a life sentence; [[Meyer Lansky]], an American mobster who was initially granted entry to Israel but was expelled two years later; and [[Victor Vancier]], an American [[Kahanism|Kahanist]] activist convicted of involvement in a series of bombings.

In 1962, the case of [[Oswald Rufeisen]], born a Polish Jew and later a Catholic convert, [[Rufeisen v. Minister of the Interior|came before the Israeli Supreme court]]. The Supreme Court decided that "no one can regard an [[apostate]] as belonging to the Jewish people".<ref>Yabuda Savir, [https://scholar.smu.edu/smulr/vol17/iss1/9 The Definition of a Jew under Israel's Law of Return], 17 Sw L.J. 123 (1963)</ref>

The granting of citizenship under the Law of Return does not prevent a person from being [[extradition|extradited]] back to another country under an [[extradition treaty]] with that other country.

==Controversy==
===Followers of Messianic Judaism===
The [[Supreme Court of Israel]] ruled in 1989 that [[Messianic Judaism]] constituted [[Christianity|another religion]], and that people who had become Messianic Jews were not therefore eligible for Aliyah under the law.<ref>{{cite news | url=https://query.nytimes.com/gst/fullpage.html?res=950DEFDB1439F934A15751C1A96F948260 | work=The New York Times | title=Israeli Court Rules Jews for Jesus Cannot Automatically Be Citizens | date=1989-12-27 | access-date=2010-05-07 | url-status=live | archive-url=https://web.archive.org/web/20080523012127/http://query.nytimes.com/gst/fullpage.html?res=950DEFDB1439F934A15751C1A96F948260 | archive-date=2008-05-23 }}</ref>

On April 16, 2008, the Supreme Court ruled in a case brought by a number of people with Jewish fathers and grandfathers whose applications for citizenship had been rejected on the grounds that they were Messianic Jews. The argument was made by the applicants that they had never been Jews according to halakha, and were not therefore excluded by the conversion clause.  This argument was upheld in the ruling,<ref name="JPost">{{cite web
 |url         = http://www.jpost.com/Israel/Article.aspx?id=98980
 |title       = Court applies Law of Return to Messianic Jews because of fathers
 |access-date  = 2010-11-22
 |year        = 2008
 |work        = jpost.com
 |publisher   = The Jerusalem Post
 |quote       = "the petitioners were entitled to automatic new immigrant status and citizenship precisely because...they were the offspring of Jewish fathers."
 |url-status     = live
 |archive-url  = https://web.archive.org/web/20110115143037/http://www.jpost.com/Israel/Article.aspx?id=98980
 |archive-date = 2011-01-15
}}</ref><ref name="CBN">{{cite web
 |url         = http://www.cbn.com/CBNnews/359362.aspx
 |title       = Messianic Ruling
 |access-date  = 2008-04-17
 |year        = 2008
 |work        = cbn.com
 |publisher   = CBNnews.com
 |quote       = Myers told CBN News, "The bottom line is that if your father is Jewish or if any of your grandparents are Jewish from your father's side – even if you're a Messianic Jew – you can immigrate to Israel under the law of return or under the law of citizenship if you marry an Israeli citizen."
 |url-status     = live
 |archive-url  = https://web.archive.org/web/20080420062953/http://www.cbn.com/CBNnews/359362.aspx
 |archive-date = 2008-04-20
}}
</ref> and the government agreed to reprocess their applications. Despite this, Messianic Jews are considered to be eligible for the law if they can claim Jewish ancestry (having a Jewish father or grandfather).

===Claims of discrimination in relation to Palestinian refugees===
Critics claim that the Law of Return runs counter to the claims of a democratic state.<ref>Permanent Observer Mission of Palestine to the United Nations. "UN Economic, Social and Cultural Committee Expresses Grave Concern Over Israel's Discriminatory Practices." [https://web.archive.org/web/20010520155246/http://www.palestine-un.org/news/may99_cult.html] accessed 2 October 2006.</ref><ref>{{cite web|url=http://www.reliefweb.int/rw/rwb.nsf/0/6d4c59c0007fd772c1256be6004d2fb8?OpenDocument&Click=|title=Press Releases: Occupied Palestinian Territory, The international community is bargaining with the rights of the Palestinians<!-- Bot generated title -->|website=reliefweb.int|access-date=1 May 2018|url-status=live|archive-url=https://web.archive.org/web/20080511094411/http://www.reliefweb.int/rw/rwb.nsf/0/6d4c59c0007fd772c1256be6004d2fb8?OpenDocument&Click=|archive-date=11 May 2008}}</ref>

[[Palestinians]] and advocates for [[Palestinian refugee]] rights criticize the Law of Return, which they compare with the Palestinian claim to a [[Palestinian right of return]].<ref>{{cite web |url=http://www.mfa.gov.il/MFA/MFAArchive/2000_2009/2001/8/The%20Law%20of%20Return-%201950|title=Israeli Ministry of Foreign Affairs. The Law of Return|website=mfa.gov.il|access-date=1 May 2018 |archive-url=https://web.archive.org/web/20180328231826/http://www.mfa.gov.il/MFA/MFAArchive/2000_2009/2001/8/The%20Law%20of%20Return-%201950|archive-date=28 March 2018|url-status=live}}</ref> These critics consider the Law, as contrasted against the denial of the right of return, offensive and institutionalized [[ethnic discrimination]].<ref>{{Cite web |author1=Ali Abunimah |author2=Hussein Ibish |title=The Palestinian Right of Return |url=http://www.adc.org/issue_papers/ror/issuepaper30.PDF |url-status=dead |archiveurl=https://web.archive.org/web/20010906030431/http://www.adc.org/issue_papers/ror/issuepaper30.PDF |archivedate=September 6, 2001}}</ref>

A report by the [[UN Economic and Social Commission for Western Asia]] (ESCWA) slammed the Law of Return, "conferring on Jews worldwide the right to enter Israel and obtain Israeli citizenship regardless of their countries of origin and whether or not they can show links to Israel-Palestine, while withholding any comparable right from Palestinians, including those with documented ancestral homes in the country," as a policy of "demographic engineering" meant to uphold Israel's status as "the [[Jewish state]]". The report was later withdrawn following controversy.<ref>{{cite web|title=Israeli Practices towards the Palestinian People and the Question of Apartheid |url=https://www.unescwa.org/sites/www.unescwa.org/files/publications/files/israeli-practices-palestinian-people-apartheid-occupation-english.pdf |access-date=17 March 2017 |archive-date=16 March 2017 |archive-url=https://web.archive.org/web/20170316054753/https://www.unescwa.org/sites/www.unescwa.org/files/publications/files/israeli-practices-palestinian-people-apartheid-occupation-english.pdf |url-status=dead}}</ref><ref>{{cite news |title=UN chief orders report accusing Israel of 'apartheid' pulled from web|url=http://www.timesofisrael.com/un-chief-requests-report-accusing-israel-of-apartheid-be-pulled-from-web/|work=The Times of Israel|url-status=live |archive-url=https://web.archive.org/web/20170317174655/http://www.timesofisrael.com/un-chief-requests-report-accusing-israel-of-apartheid-be-pulled-from-web/|archive-date=2017-03-17}}</ref>

===Same-sex relationships===
On June 10, 2011, the Law of Return was tested when a gay male couple, one Jewish and one Catholic, made Aliyah to Israel. This couple was the first same-sex, different religion married couple to request joint Aliyah status, although opposite sex married couples of different religions receive joint Aliyah as a matter of course. The Jewish man quickly received citizenship but the decision of citizenship for his husband was delayed by the Ministry of the Interior despite the clause in the law saying the spouse of the Jewish returnee must also be granted citizenship.<ref>{{cite news|url=http://www.haaretz.com/print-edition/news/israel-refuses-citizenship-for-gay-man-married-to-jewish-immigrant-1.369936|title=Israel Refuses Citizenship for Gay Man Married to Jewish Immigrant|first=Ilan|last=Lior|date=28 June 2011|access-date=1 May 2018|url-status=live|archive-url=https://web.archive.org/web/20150924223608/http://www.haaretz.com/print-edition/news/israel-refuses-citizenship-for-gay-man-married-to-jewish-immigrant-1.369936|archive-date=24 September 2015|newspaper=Haaretz}}</ref> On August 10, 2011, the Ministry of the Interior granted citizenship to the non-Jewish husband as required by The Law of Return.<ref>{{cite journal|url=http://www.haaretz.com/weekend/anglo-file/ministry-grants-citizenship-to-gay-spouse-of-immigrant-1.382066|title=Ministry Grants Citizenship to Gay Spouse of Immigrant|first=Raphael|last=Ahren|journal=TheMarker |date=2 September 2011|access-date=1 May 2018|via=Haaretz|url-status=live|archive-url=https://web.archive.org/web/20150924234700/http://www.haaretz.com/weekend/anglo-file/ministry-grants-citizenship-to-gay-spouse-of-immigrant-1.382066|archive-date=24 September 2015}}</ref>

In 2014, Interior Minister [[Gideon Sa'ar]] announced that Jews in same-sex relationships who got married abroad but wished to immigrate to Israel were allowed to do so under the Law of Return, even with a non-Jewish spouse, and that both spouses would receive Israeli citizenship.<ref>{{cite web|url=http://www.israelnationalnews.com/News/News.aspx/183971|title=Right of Return Extended to Gay Couples|website=Israel National News|date=12 August 2014 |access-date=1 May 2018|url-status=live|archive-url=https://web.archive.org/web/20170905215430/http://www.israelnationalnews.com/News/News.aspx/183971|archive-date=5 September 2017}}</ref>

==Support for the Law of Return==
[[File:Law of Return Passport wikicomm.jpg|thumb|right|A stamp in a passport issuing holder Israeli citizenship based on Law of Return]]
Supporters of the law say that it is very similar to those in many European states, which also employ an ethnic component.<ref>{{Cite book|url=https://books.google.com/books?id=zU_3AwAAQBAJ|title=Postwar Jewish Displacement and Rebirth: 1945–1967|last1=Ouzan|first1=Françoise S.|last2=Gerstenfeld|first2=Manfred |year=2014|publisher=Brill|isbn=978-90-04-27777-9|pages=36}}</ref><ref>{{Cite web |url=http://www.ajc.org/atf/cf/%7B42d75369-d582-4380-8395-d25925b85eaf%7D/yakobsonrubinstein2005.pdf |archiveurl=https://web.archive.org/web/20101126182841/http://www.ajc.org/atf/cf/%7B42D75369-D582-4380-8395-D25925B85EAF%7D/YakobsonRubinstein2005.pdf|url-status=dead|title=Democratic Norms, Diasporas, and Israel's Law of Return, Alexander Yakobson and Amnon Rubinstein|archivedate=November 26, 2010}}</ref>

Supporters argue that:

# The Law of Return is not the only way of acquiring citizenship. For example, non-Jews can become citizens by [[naturalization]], residence, or marrying an Israeli citizen. Naturalization, for instance, is available under certain circumstances for the non-Jewish parents of a citizen who has completed their army service.<ref>Sheleg, Y. 2004. "Not Halakhically Jewish: the Dilemma of Non-Jewish Immigrants in Israel." Jerusalem: Israeli Democracy Institute, working paper 51 (in Hebrew)</ref><ref>Israel Ministry of Foreign Affairs, "Acquisition of Israeli Nationality".{{cite web |url=http://www.mfa.gov.il/MFA/Facts+About+Israel/State/Acquisition+of+Israeli+Nationality.htm |title=Acquisition of Israeli Nationality |access-date=2007-01-11 |url-status=live |archive-url=https://web.archive.org/web/20070212233905/http://www.mfa.gov.il/MFA/Facts+About+Israel/State/Acquisition+of+Israeli+Nationality.htm |archive-date=2007-02-12 }}</ref><ref>[http://www.unhchr.ch/tbs/doc.nsf/0/5100bc0e2f8ebf74c1257100004b9fde/$FILE/G0543809.pdf International Convention on the Elimination of all forms of Racial Discrimination] {{webarchive|url=https://web.archive.org/web/20070630231307/http://www.unhchr.ch/tbs/doc.nsf/0/5100bc0e2f8ebf74c1257100004b9fde/$FILE/G0543809.pdf |date=2007-06-30 }}, CERD/C/471/Add.2, 1 September 2005.</ref>
# The right granted to Jews along with their relatives under the Law does not necessarily or automatically discriminate against non-Jews, but is a form of "positive" discrimination. Israel has residency and citizenship laws for non-Jews that are equivalent to those in other liberal democracies. [[Committee for Accuracy in Middle East Reporting in America]] (CAMERA) argues that the Law of Return is consistent with [[Convention on the Elimination of All Forms of Racial Discrimination]] Article I(3), which CAMERA says allows for preferential immigration treatment of some groups without discrimination against a particular group.<ref name="Camera Convention"/> Thus, CAMERA<ref name="Camera Convention">[http://www.camera.org/index.asp?x_context=22&x_article=747 "From 'Ethnic Cleansing' to Casualty Count, Prof. Qumsiyeh Errs"] {{webarchive|url=https://web.archive.org/web/20101005224914/http://camera.org/index.asp?x_context=22&x_article=747 |date=2010-10-05 }} Committee for Accuracy in Middle East Reporting in America, August 20, 2004.</ref> and others<ref>Christian Joppke & Zeev Rosenhek, "Contesting Ethnic Immigration: Germany and Israel Compared", ''European Journal of Sociology'', 43, 301–335, 2003, also Nahshon Perez, "Israel's Law of Return: A Qualified Justification, Modern Judaism, vol 31 (1), 2011, pp: 59–84 "</ref> argue that other countries, including [[Germany]], provide immigration privileges to individuals with ethnic ties to these countries (See [[Right of return]] and [[Repatriation laws]]).
# While the purpose of the Law of Return is perhaps to keep Israel predominantly Jewish, an argument states that a world where Jews have been [[Persecution|persecuted]], the concept of maintaining a [[Jewish state]] is necessary for the survival of the Jewish people generally and to provide a safe haven for Jewish refugees in specific cases. CAMERA argues the Law of Return is justified under the Convention on the Elimination of All Forms of Racial Discrimination Article I(4), which CAMERA argues allows for [[affirmative action]], because of the discrimination Jews faced during the [[Holocaust]].<ref name="Camera Convention"/> 
#[[Benjamin Pogrund]], director of Yakar's Center for Social Concern in Jerusalem and member of the Israeli delegation to the United Nations [[World Conference against Racism]], calls the law "unfair" from the Palestinian refugees' point of view, but sees the unfairness as having happened in other places too. Pogrund compares the flight/expulsion of Palestinians (both in 1948 and 1967) to Germany, Poland, the Czech Republic, India and Pakistan.<ref>[http://www.mideastweb.org/israel_apartheid.htm Apartheid? Israel is a democracy in which Arabs vote] {{webarchive|url=https://web.archive.org/web/20061012034619/http://www.mideastweb.org/israel_apartheid.htm |date=2006-10-12 }}, by Benjamin Pogrund, Focus 40 (December 2005)</ref>

==Debate in Israel==
Among Israeli Jews, continued Jewish immigration enjoys strong support. According to a 2016 poll conducted by [[Pew Forum]] 98% of all Jewish Israelis wanted the law to continue to allow Jewish immigration.<ref name = "harpaz2018p2">{{cite journal|first1=Yossi|last1=Harpaz|first2=Ben|last2=Herzog|title=Report on citizenship law: Israel|url=http://cadmus.eui.eu/handle/1814/56024|page=2|year=2018}}</ref> However, some argue that the law permits the entry of too many non-Jews, undermining its purpose.<ref>G David Clayman. "The Law of Return Reconsidered." {{cite web |url=http://www.jcpa.org/jl/hit01.htm |title=The Law of Return Reconsidered by David Clayman |access-date=2009-09-14 |url-status=live |archive-url=https://web.archive.org/web/20090530084520/http://www.jcpa.org/jl/hit01.htm |archive-date=2009-05-30 }} Jerusalem Center for Public Affairs. 16 July 1995.</ref>

Support for the law among Israeli Arabs is much less. According to a poll overseen by Haifa University sociologist Sammy Smooha among 700 Jews and 700 Arabs conducted in 2017 only 25.2% "accepted" the Law of Return, down from 39% in 2015.<ref>{{cite web|url=https://www.thenational.ae/world/israel-s-jews-and-arab-minority-further-apart-than-ever-poll-says-1.711840|title=Israel's Jews and Arab minority further apart than ever, poll says|date=10 March 2018 |access-date=2018-11-12}}</ref>

In September 2007, the [[Neo-Nazism#Israel|discovery of a violent Israeli Neo-Nazi cell]] ([[Patrol 35]]) in [[Petah Tikva]], made up of teenage immigrants from the [[former Soviet Union]], led to renewed calls amongst politicians to amend the Law of Return.<ref name="Stoil">{{cite news|title=Sheetrit may deport alleged neo-Nazis|author=Rebecca Anna Stoil, Mark Weiss and Matthew Wagner|newspaper=[[The Jerusalem Post]]|date=9 September 2007|access-date=2007-09-10|url=http://fr.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/ShowFull&cid=1188392567423}}{{dead link|date=December 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> [[Effi Eitam]] of the [[National Religious Party]] and the [[National Union (Israel)|National Union]], which represent the religious [[Zionism|Zionist]] movement and have previously attempted to advance bills to amend the Law of Return, stated that Israel has become "a haven for people who hate Israel, hate Jews, and exploit the Law of Return to act on this hatred."<ref name="Singer">{{cite news|title=Interior Minister: I'll consider revoking neo-Nazis' citizenship|author=Roni Singer-Heruti|newspaper=[[Ha'aretz]]|date=10 September 2007|access-date=2007-09-10|url=http://www.haaretz.com/hasen/spages/902093.html|url-status=live|archive-url=https://web.archive.org/web/20071102094647/http://www.haaretz.com/hasen/spages/902093.html|archive-date=2 November 2007}}</ref> On the other end of the political spectrum, MK [[Ahmed Tibi]] of [[United Arab List]] and [[Ta'al]] criticized the system's double standard, stating that "people immigrated to Israel and received automatic citizenship under the Law of Return, while citizens of [[Nazareth]] and [[Tayibe]] are not allowed to visit their own relatives merely due to the fact that they are [[Arab]]s."<ref name="Singer"/>

Thirty-seven percent of Israelis polled said that deeper background checks on new immigrants would amount to racism against Jews from Russian-speaking countries.<ref>{{cite web|url=http://www.jpost.com/Home/Article.aspx?id=160312|title=Israel News – The Jerusalem Post|website=www.jpost.com|date=13 November 2009 |access-date=1 May 2018|url-status=live|archive-url=https://web.archive.org/web/20101023020304/http://www.jpost.com/Home/Article.aspx?id=160312|archive-date=23 October 2010}}</ref>

==Applicability of the law==
{{more citations needed|section|date=July 2017}}<!--only one citation in entire section-->
Amongst those who are in favor of retaining the Law, controversy exists over its wording. The Law's definition of a "Jew" and "Jewish people" are subject to debate. Israeli and Diaspora Jews differ with each other as groups and among themselves as to what this definition should be for the purposes of the Law of Return. Additionally, there is a lively debate over the meaning of the terms "Jewish State" and "State of the Jews".

It is not only the Knesset, however, which has been repeatedly obliged to directly or indirectly address these issues. Over the years, many of Israel's interior ministers have examined the issue of the Law of Return and wavered as to how to apply it. The judiciary has also been called upon to express an opinion on matters relating to the Law. This burning and recurrent question in the country's political dialogue not only reveals but also exacerbates differences of opinion between Israelis.

One central issue is who has the authority over determining the validity of conversions to Judaism for purposes of immigration and citizenship. For historical reasons, the [[Chief Rabbinate of Israel]], under the [[Ministry of Religious Services|Israeli Ministry of Religious Affairs]], made this determination, but this arrangement is in question. This practice has met opposition among non-Orthodox religious leaders both within Israel and in the diaspora. Several attempts have been made to resolve the issue, the most recent being the Ne'eman Commission, but an impasse persists.

On March 31, 2005, the [[Supreme Court of Israel|Israeli Supreme Court]] ruled 7–4 that all conversions performed outside of Israel would be recognized by the authorities under the Law of Return, notwithstanding the Ne'eman Commission's view that a single body should determine eligibility for immigration. The court had already ruled in 1989 that conversions performed outside of Israel were valid for the Law of Return (regardless of whether they were Orthodox, Conservative, or Reform).  The 2005 ruling extended this, finding that overseas conversions were still valid even if the individuals did the preparatory work for the conversions while residing in Israel.<ref>{{cite encyclopedia|url=https://www.jewishvirtuallibrary.org/jsource/Society_&_Culture/convert1.html|title=Israel Supreme Court: Ruling on Conversions to Judaism Done Abroad|encyclopedia=Jewish Virtual Library|url-status=live|archive-url=https://web.archive.org/web/20160303202512/http://www.jewishvirtuallibrary.org/jsource/Society_%26_Culture/convert1.html|archive-date=2016-03-03}}</ref>

==See also==
{{portal|Israel|Law}}
*[[Basic Laws of Israel]]
*[[Prevention of Infiltration Law]]
*[[Citizenship and Entry into Israel Law]]
*[[Israeli identity card]]
*[[Israeli passport]]
*[[Politics of Israel]]
*[[Oswald Rufeisen]] (Brother Daniel)

==References==
{{Reflist|30em}}

==External links==
*[https://knesset.gov.il/laws/special/eng/return.htm The Law of Return] – The text of the law and its various amendments
*[https://web.archive.org/web/20101126182841/http://www.ajc.org/atf/cf/%7B42D75369-D582-4380-8395-D25925B85EAF%7D/YakobsonRubinstein2005.pdf Democratic Norms, Diasporas, and Israel’s Law of Return] by [[Alexander Yakobson]] and Amnon Rubinstein
*{{webarchive |url=https://web.archive.org/web/20051127033448/http://www.irac.org/article_e.asp?artid=199 |date=November 27, 2005 |title=The problem is how to become an Israeli }} by Amnon Rubenstein, ''[[Ha'aretz]]''

{{Zionism and the Land of Israel}}

{{DEFAULTSORT:Law Of Return}}
[[Category:Zionism]]
[[Category:Israeli immigration law]]
[[Category:Israeli nationality law]]
[[Category:1950 in law]]
[[Category:1950 in international relations]]