On the night of November 7, 2024 the Knesset approved the Deportation of Families of Terrorists Law, 5785-2024.
What does the law stipulate? According to the law, the Minister of Interior will be able to deport from Israel an immediate family member of a terrorist operative if the family member knew or should have known that their relative would carry out a terrorist act and did not make any effort to prevent it. The Minister will be able to deport citizens for 7 to 15 years, and residents for 10 and 20 years. The deportation can be to the Gaza Strip or another location.
What happened in the Knesset during the discussions about the law? The Knesset held a series of discussions about the proposed law. Professionals representing government ministries and the Knesset's legal counsel stated clearly that this is unconstitutional legislation that cannot be implemented, and if it reaches judicial review it will be revoked. Knesset members from right-wing parties nonetheless decided to advance it, though they are well aware that it is a populist bill not worth the paper it is written on, in order to set the stage for a confrontation between the Knesset, professional groups, and the Supreme Court.
What are the problems with the law? This is not a law at all: it is a populist pamphlet, which, like many other things this terrible Knesset is doing, is intended to mark Arab citizens and residents as disloyal, whose presence is contingent on containment. This law is unnecessary, and there is no way to implement it. All citizens and residents are entitled to rights and protections, not least of which is immunity from deportation from their country, and the right to a fair trial if they are suspected of criminal offenses with the court determining the punishment. No democratic country deports its citizens and residents, and especially not through an administrative process controlled by a political entity. Moreover, no other country is obligated to accept another country's citizens and residents for extended periods. And the Gaza Strip is not a "garbage dump" for getting rid of those who are unwanted.
Will the Supreme Court revoke the law if a petition is filed? In our assessment, yes.
Will the Association for Civil Rights petition the Supreme Court? ACRI does not chase after the government and Knesset with a mop, rag, and broom to clean up the messes that they make. As long as the law is not implemented, the stain of its existence will remain on their hands. If the Minister of Interior tries to act in accordance with this law, ACRI will not hesitate to petition.