Nationality and Entry into Israel Law (Amendment) (2005)

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NOTES (FROM ADALAH) ON

THE AMENDMENT (27.7.2005) OF THE

NATIONALITY AND ENTRY INTO ISRAEL LAW, 5763—2003*

In Article 1, replace the definitions of "regional commander" and "resident of the region" with the following new definitions --

"regional commander" – for Judea and Samaria, the commander of forces of the Israel Defense Forces in Judea and Samaria; for the Gaza Strip, the commander of forces of the Israel Defense Forces in the Gaza Strip or a person who shall be authorized by the Interior Minister with the consent of the Minister of Defense.
"resident of the region" - a person who is registered in the region's Population Registry and a person who lives in the region even if he is not registered in the region's Population Registry excluding a resident of an Israeli settlement in the region.

Replace Article 3 in its entirety with the following sections --

3. Permit for Spouses - Notwithstanding the provisions of Article 2, the Interior Minister may, at his discretion, approve an application of a resident of the region to receive a permit to stay in Israel from the regional commander -
- (1) regarding a [male] resident of the region who is over thirty-five years old – in order to prevent his separation from his [female] spouse who is lawfully staying in Israel;
- (2) regarding a [female] resident of the region who is over twenty-five years old – in order to prevent her separation from her [male] spouse who is lawfully staying in Israel;
3A. Permit for Children - Notwithstanding the provisions of Article 2, the Interior Minister may, at his discretion -
- (1) grant a resident of the region who is under fourteen years old a permit to reside in Israel in order to prevent his separation from a parent who has custody of him and who is lawfully staying in Israel;
- (2) approve an application for a permit to stay in Israel to be granted by the regional commander to a resident of the region who is a minor and who is over fourteen years old, in order to prevent his separation from a parent who has custody of him and who is lawfully staying in Israel and provided that such a permit shall not be renewed if the minor does not live in Israel on a regular basis.
3B. Additional Permits - Notwithstanding the provisions of Article 2, the regional commander may grant a permit to stay in Israel for a purpose as specified below:
- (1) medical treatment;
- (2) working in Israel;
- (3) a temporary purpose, provided that the permit to stay for such a purpose shall not exceed the cumulative period of six months.
3C. Special Permit - Notwithstanding the provisions of Article 2, the Interior Minister may grant citizenship or a permit to reside in Israel to a resident of the region, and the regional commander may grant a resident of the region a permit to stay in Israel if they are convinced that the said resident identifies with the State of Israel and its goals, and that the resident or his family member performed a meaningful act to advance the security, economy, or another matter of importance to the State, or that the granting of citizenship or the permit to reside in Israel or the permit to stay in Israel, as applicable, is of special interest to the State. In this paragraph, "family member" means spouse, parent, or child.
3D. Security Restriction - A permit to stay in Israel shall not be granted to a resident of the region under Article 3, 3A(2), 3B(2) to (3) and 4(2) if the Interior Minister or the regional commander, as applicable, determines , based on an opinion of the security agencies, that the said resident or his family member is liable to constitute a security threat to the State of Israel. In this paragraph, "family member" means spouse, parent, child, brother, sister, or their spouses.

In Article 4, add the following phrase onto the end of section (1) -- "subject to consideration, among other things, of the existence of a security restriction as defined in Article 3D;".

Replace Article 5 in its entirety with the following sentence -- "This Law shall remain in effect until 31 March 2006; however, the government may, with the approval of the Knesset, extend the validity of this Law by order, from time to time, for a period that shall not exceed one year each time."

SOURCE: "Adalah: The Legal Center for Arab Minority Rights in Israel" website, which includes a special section on the legal fight against this law as discriminatory.