The HCJ issued an order nisi directing the State to explain why the discriminatory Citizenship and Entry into Israel Law should not be revoked

On April 25, 2022, the Association for Civil Rights in Israel (ACRI), HaMoked: Center for the Defence of the Individual and Physicians for Human Rights-Israel (PHR-Israel) petitioned the High Court of Justice (HCJ) to revoke the Citizenship and Entry into Israel Law (Temporary Order) of March 2022. The organizations argued that the Law is racist and brands all Palestinians as a security threat to prevent them from obtaining family-unification-based residency status in Israel. The petitioners also argued that the Law violates a range of basic rights of those who have been allowed to stay in Israel and have become over time de facto residents of the State – with particular harm to women victims of domestic abuse and children who grow up with no status in Israel. 

The Government’s response of November 13, 2022 argued that all the petitions against the Law that were joined under a single proceeding, including HaMoked’s petition, should be dismissed, given that the Law was constitutional and proportionate. Following the hearing held on December 1, 2022, the Court instructed the State to submit a notice within 90 days regarding its willingness to alter the Law on several issues. On July 27, 2023, the State updated, among other things, about the decision to allow grant of temporary residency status (A/5) to women aged 40-50 who are spouses of an Israeli citizen or resident and have been staying in Israel under a military stay permit for at least 10 years; it was noted that there were now 1,300 such women. According to an updating notice submitted later, on July 3, 2024, under this change, 701 women of the 1,300 received temporary status (249 in 2023 and 452 in 2024).

In the petitioning organizations’ response of September 21, 2023, it was argued that the State’s response did not address core issues of the Law, leaving without remedy most of those harmed by the Law, individuals and families alike, without any real security justification. The organizations added that the limited changes introduced in the Law following the Court’s decision, indicate that many of the other restrictions left in place are arbitrary. Therefore, the Court was asked to issue an order nisi and schedule a hearing. 

On July 8, 2024, the hearing was held. The HCJ then issued an Order nisi ordering the State to explain why the Law should not be voided. The order was based on some of the organizations’ demands, and lists problems relating to those who have lived in Israel for long periods, whether minors, adults undergoing family unification or those undergoing humanitarian proceedings.