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Knesset passes controversial law allowing deportation of terrorists’ families from Israel

The new law empowers the interior minister to deport family members of terrorists who had advance knowledge of attacks but failed to report it

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The Israeli Knesset (Getty)

The Knesset plenum voted 61 to 41 on Wednesday to pass a law allowing the deportation of terrorists' families. It applies to first-degree family members, including parents, siblings and spouses.

The law empowers Israel's interior minister to eject from Israel those family members who can be proven to have known of attacks beforehand but who did nothing to warn the authorities.

It also allows the minister to deport family members who expressed support for or incited acts of terrorism.

As the law's explanatory section notes, since Hamas's Oct. 7, 2023, massacre, cases of incitement by those holding Israeli citizenship or permanent residency have risen, and the law is intended to serve as a deterrent.

Maurice Hirsch, director of the Initiative for Palestinian Authority Accountability and Reform at the Jerusalem Center for Security and Foreign Affairs, told JNS that the law's passage provides "another important provision to combat terror."

Hirsch, who helped draft the bill, served as the director of the Military Prosecution for Judea and Samaria and as head of the Advisory Committee to the interior minister for subjects related to the Law of Citizenship, including the cancellation of citizenship.

"The days in which the terrorists wantonly murder people and by their actions enrich their families and raise their social status within their communities are over," Hirsch said.

"With the passage of the law, the terrorists and their families are put on notice that the State of Israel will no longer tolerate the widespread support for terror, and that their actions are going to have potentially harsh consequences," he added.

They receive stipends from the Palestinian Authority’s “Martyrs Fund,” which pays terrorists and their families monthly salaries for carrying out attacks. Arab citizens of Israel who engage in terrorism also receive these payments.

Deportation isn't permanent under the law. For those holding Israeli citizenship, it’s seven to 15 years, while for those with permanent resident status it’s 10 to 20 years.

The law takes into account the 1961 Convention on the Reduction of Statelessness, which seeks to prevent people being stripped of citizenship. Even though the convention has a provision for cancelling the citizenship of those who engaged in acts of disloyalty to the state, the law allows the deported individuals to retain Israeli citizenship. The law 

The law was put forward by Knesset members Hanoch Milwidsky and Eliyahu Revivo of the Likud, and Almog Cohen of Otzma Yehudit, among others.

Some MKs appeared to suggest that Jewish Israelis would not be affected by the law. 

Opposition leader Merav Michaeli said that the Jewish extremist assassin of Prime Minister Yitzhak Rabin would not be targeted. “Yigal Amir’s family will not be deported anywhere," 

The law states that family members will be deported to Gaza or “another destination determined according to the circumstances".

The controversial bill, which critics say will be used exclusively against Israeli-Arabs is expected to face major challenges in Israel’s Supreme Court.

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