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Law and Family (Non-)Unification in Israel: A Conversation Between Samera Esmer, Taiseer Khatib, and Hassan Jabareen

[Supreme Court of Israel, Jerusalem. Photo by Almog.] [Supreme Court of Israel, Jerusalem. Photo by Almog.]

On 11 January, the Israeli Supreme Court upheld the constitutionality of the 2003 Citizenship and Entry into Israel Law. This law effectively prohibits Palestinian residents of the 1967 Occupied Territories, who are married to Palestinian citizens of Israel or to residents of East Jerusalem, from entering into Israel for the purpose of family unification. This law was amended in 2007, further prohibiting the entry of spouses who are citizens of Syria, Lebanon, Iran, and Iraq.

To explain the concrete consequences of this law, take the following example:

A Palestinian woman, a citizen of Israel, lives in Nazareth, has chosen to marry a person from the West Bank, say from Jenin. They got married, settled down in Nazareth, applied for family unification so that he could live with her, had children, and otherwise tried to lead a normal life. In 2003, when the Citizenship and Entry into Israel Law was enacted, the prospect for their family unification, or even for a permit to the spouse to enter Israel, became less feasible. A number of petitions to the Israeli Supreme Court were submitted against the constitutionality of the law and its amended version. As of two weeks ago, when the Supreme Court issued its decision, the family I mentioned as an example, would either be separated or the Palestinian citizen of Israel will be forced to move out.

In the below interview, Professor Samera Esmer has a conversation with Taiseer Khatib and Hassan Jabareen about the human, legal, and political meanings of this law as well as the recent Supreme Court decision.

Samera Esmer is Assistant Professor in the Department of Rhetoric at the University of California at Berkeley. She works on war, violence, and legal history in the Middle East, and is completing a book titled Losing the Human: The Rise of Juridical Humanity in Colonial Egypt.

Taiseer Khatib is a PhD candidate in the Department of Anthropology at Haifa University. He is a Palestinian citizen of Israel, married to Lana, who is a resident of Jenin in the West Bank. They live with their two children in Akka.  Up until now, his wife was able to secure entry permits to Israel, which enabled them to live all together. But their family life has now become impossible.

Hassan Jabareen is the general director of Adalah: The Legal Center for Arab Minority Rights in Haifa. Adalah petitioned the Supreme Court and demanded that the law be declared unconstitutional. Hassan Jabareen was one of the lawyers on the case.

3 comments for "Law and Family (Non-)Unification in Israel: A Conversation Between Samera Esmer, Taiseer Khatib, and Hassan Jabareen"

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here r some critical points for you to consider with the hope that the politically correct will not censor me:

- Right now occupied Palestinian Jenin needs you all much more than Haifa or Akka

- A feminist Palestinian male can sometimes move his brown ass to leave in his wife's oppressed hometown (rather than always the other way around)

- Proud and patriotic Palestinians should not beg for crums to be thrown at them by the "courts" of Zionist Israel

- Proud Palestinians do not beg for Israeli citizenship but instead join the place which needs them most urgently which is now Jenin more than 1948 Israeli cities.

Patriotic Palestinians should not choose to live as an oppressed minority under the direct colonial rule of the Zionists. They should instead strive to live within one of our own majority community in order to strengthen it politically, economically and scholarly and in order to empower the resistance members.

No wonder that with such spoiled middle class consciousness the Palestinian elite in Israel or Berkeley merely continues to betray our people's struggle. Is the right of return to Akka more important than the right of return to Jenin?

This whole trend of the three speakers merely demonstrate the Israelization of their political consciousness.

A non-Sychophant Arab wrote on January 28, 2012 at 09:38 AM
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The first comment strikes me as a perfect ventriloquization of Zionist consciousness. Utter zabaleh. Palestinians, it infers, should not seek to live in their historic homeland, only where Israel would allow them to live? Why then stop at Jenin, which is also under colonial rule, whose mediating self-rule authority does nothing so convincingly as beg for crumbs from Israel. This is a complete inversion of sumud, a call for Palestinians to assist in their own ethnic cleansing. Mr. Khatib does live within and struggles for his community; the Palestinian community that straddles the Green Line, and which, if it accepts that line as the limit of its political imagination, has already conceded defeat and resigned itself to historic dissolution. Though the author invokes "our" community, I doubt that he is actually a Palestinian - what Palestinian would refer to Akka or Nasra as "Israeli cities"? Does he know Palestinians are actually in the majority in Jaleel? All the sadder if he is.

Peter wrote on February 02, 2012 at 11:27 AM
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The first comment strikes me as a perfect ventriloquization of Zionist consciousness. Utter zabaleh. Palestinians, it infers, should not seek to live in their historic homeland, only where Israel would allow them to live? Why then stop at Jenin, which is also under colonial rule, whose mediating self-rule authority does nothing so convincingly as beg for crumbs from Israel. This is a complete inversion of sumud, a call for Palestinians to assist in their own ethnic cleansing. Mr. Khatib does live within and struggles for his community; the Palestinian community that straddles the Green Line, and which, if it accepts that line as the limit of its political imagination, has already conceded defeat and resigned itself to historic dissolution. Though the author invokes "our" community, I doubt that he is actually a Palestinian - what Palestinian would refer to Akka or Nasra as "Israeli cities"? Does he know Palestinians are actually in the majority in Jaleel? All the sadder if he is.

Peter wrote on February 02, 2012 at 04:37 PM
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