HaMoked to the Attorney General: Deportation of Families of Terrorists Law is unconstitutional; Suspend proceedings for the deportation of Israeli residents and citizens

On March 5, 2025, HaMoked sent an urgent letter to the Attorney General and the Knesset’s Legal Advisor to demand they order the suspension of implementation of the Deportation of Families of Terrorists Law, 5785-2024, enacted November 7, 2024. The Law authorizes the Minister of Interior to deport from Israel (and annexed East Jerusalem) an Israel citizen for a period of 7-15 years and an Israeli resident for a period of 10-20 years, if they “are immediate relatives of a designated terrorist, and knew or should have known in advance about the terrorist attack and did not make the required efforts to prevent it… or if they expressed support or identified with a terrorist attack or published praise, support or encouragement for a terrorist act or terrorist organization.”

HaMoked argued that this was a draconian, unconstitutional law incompatible with the existing legal system, as it severely harms human rights, primarily the core of the rights to citizenship and residency, basic rights that are essential for the realization of other basic human rights. HaMoked added that the Law authorized the Minister of Interior, a patently political entity, to carry out this denial of rights solely subject to an administrative hearing without clear criteria and with almost no restrictions.

HaMoked argued that the Deportation Law was far from meeting the stipulations of the Limitations Clause set in Basic Law: Human Liberty and Dignity, as it was worded vaguely, granted sweeping discretionary powers to a political entity, and had an unworthy purpose. Additionally, the sanction it imposes on a relative of a person defined as a terrorist was extremely disproportionate. “It is for good reason”, wrote HaMoked, “that this law has no parallel in enlightened and democratic countries”.  

HaMoked explained that its appeal was prompted by the fact that the Minister of Interior had decided to implement the Law despite its unconstitutionality, lack of criteria for implementation, absence of details regarding the fate of those targeted by the Law, including the location to which they would be deported to and what status they would be given. In addition, HaMoked added, the Minister of Interior now intended to implement the Law against permanent residents who had not been convicted, and did so retroactively, for actions preceding the enactment of the Law. Therefore, HaMoked requested that the Law not be implemented and the initiated deportation proceedings – two of which are handled by HaMoked – be suspended.