Amendment to Entry into Israel Law Granting Israeli Minister of Interior Power to Revoke Residency Status of Palestinians in Jerusalem for "Breach of Allegiance"

  • Date: 2018-03-16

 

This bill is an integration of the following two bills:-

  1. Bill for the Entry into Israel Law (Amendment No. 31) (Cancellation of the Permanent Residence Permit) of 2018 [5778], on behalf of the government - was discussed in the Knesset in the first reading dated 26 February 2018 [11 Adar 5778] and was submitted to the Interior and Environmental Protection Committee.
  2. Bill for the Entry into Israel Law (Amendment – applicable to the residents of East Jerusalem and subject to the judgment of the Minister of Interior], 2017 [5778], on behalf of Knesset members– was discussed in the Knesset at an early deliberation on the date of 3 January 2018 [16 Tevet 5778] and was submitted to the Interior and Environmental Protection Committee.

 

In accordance with the provisions of Article 84 (d) of the Knesset’s regulations, the committee of the Knesset decided to integrate and present the bills as one bill for a second and third reading.

 

The bill was submitted – without any reservations – for a second and third reading on the date of 6 March 2018 [19 Adar 5778].

 

Requests/permissions to speak were submitted to discuss this bill.

 

Initiators of the Private Bill: Knesset members Amir Ohana, Shuli Mualem-Rafaeli, David Bitan, Ya’akov Margi, Tali Ploskov, Sharren Haskel, Oded Forer and Roy Folkman.

 

 

 

 

 

 

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The Second and Third reading of the Bill

                                                                                                                              Internal Number: 20662200-5894

                                                                                                                              Annex No. M-1204/A

                                                                                                                               (P/20/4744)

 

Bill for the Entry into Israel Law (Amendment No. 30) of 2018 [5778]

 

An addition to Article 11 (a)            1.  The following will be added after Article 11 of the Entry into Israel

                                                                   Law of 1952[1] [5712], (hereby referred to as the “Main Law”):

 “Cancellation of Permanent         11a. (a) Without undermining the provisions of Article 11 (a) (2), the

  Residence Permits due to a          Minister of Interior is entitled to cancel a permanent residence permit

          Breach of Loyalty                         which was given according to this law (in this law– Permit), among

                                                                    other things, if it was proven, based on his opinion, that the

                                                                    holder of the permit has committed an act which is considered a

                                                                     breach of loyalty to the State of Israel, provided that this permit

                                                                     would not be cancelled for those who meet one of the below-

                                                                     mentioned conditions except with the approval of the Minister of

                                                                     Justice after consulting with the committee which was established

                                                                      according to Article 11 (h) of the Citizenship Law of 1952 [5712]:

  1. At the time of committing that act, a period of more than 15

years has passed since receiving the permit.

  1. At the time of his/her birth, one of his/her parents were

carrying a permanent residence permit.

 

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(b) If the Minister of Interior decides to cancel a [permanent residence] permit according to this article’s provisions and sees that, after the revocation of the permit, that person will remain without a permanent residence permit outside of Israel and without being entitled to any citizenship or permanent residence outside of Israel, s/he will be given (parallel to the decision of cancelling the permit) a residence permit in Israel whereas, according to this subsection, whoever resides permanently outside of Israel is not considered without the right to obtain a permanent residence outside of Israel and is not considered without a citizenship. 

(c) If a person whose permit was cancelled based on this article filed an administrative petition at the Administrative Affairs Court regarding the decision of the Minister of Interior, the Minister will allow him/her to enter Israel until the final examination of the procedures which emanated from the Minister’s decision, except if was proven that his/her entry into Israel poses a real danger to the security of the state or the well-being of the public.

(d) In this article, a “Breach of Loyalty to the State of Israel” can mean any of the following:-

(1) A terrorist act as defined in the Counter-Terrorism Law of 2016[2] [5776], or the assistance or incitement of terrorism, or the active participation in a terrorist group or a group which fits the definition of a terrorist group according to the aforementioned law;

(2) An act which constitutes Treason as mentioned in articles 97 to 99 of the Israeli Penal Law of 1977 [5737], or an Aggravated Espionage according to Article 113 (b) of this law”.

 

    Amendment of the              2. In the Addendum of the main law, at the end of clause (1) shall come the

             Addition                           words “except for a decision made in accordance with Article 11 (a)”.

 

 

 

 

 

                                                                                                                              Internal Number: 20662200-5894

                                                                                                                              Annex No. M-1204/A

 

Reservations and Requests/Permissions to Speak

with regard to the

The Bill for the Entry into Israel Law (Amendment No. 30) of 2018 [5778]

 

Reservations

There are no reservations.

 

 

…………………………………………………………………………………………………………………

 

Requests/permissions to speak:

Knesset members Amir Ohana, Bezalel Smotrich, Ayman Odeh, Masoud Ghanayem, Jamal Zahalka, Ahmad Tibi, Aida Touma-Sliman, Abd al-Hakim Hajj Yahya, Haneen Zoabi, Dov Khenin, Talab Abu Arar, Yousef Jabareen, Juma Azbarga, Said al-Harumi, Wael Younis, Yitzhak Herzog, Tzipi Livni, Shelly Yachimovich, Stav Shaffir, Itzik Shmuli, Omer Bar-Lev, Yehiel “Hilik” Bar, Amir Peretz, Merav Michaeli, Eitan Cabel, Mickey Rosenthal, Revital Swid, Yoel Hasson, Zouheir Bahloul, Eitan Broshi, Michal Biran, Nachman Shai, Ksenia Svetlova, Ayelet Nahmias-Verbin, Yossi Yona, Eyal Ben-Reuven, Yael Cohen Paran, Saleh Saad, Leah Fadida, Ilan Gilon, Issawi Frej, Michal Rozin, Tamar Zandberg and Mosi Raz.

 

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[1] Statutes Book of the [Hebrew] year 5712 [extends from 1 October 1951 until 19 September 1952], page 354; and 5778 [10 September 2017 until 9 September 2018], page 62.

[2] Statutes Book of the [Hebrew[ year 5776 [extends from 14 September 2015 until 2 October 2016], page. 898.