Dr Mike Evans

Israel passes law to allow expelling family members of terrorists

The Israeli Knesset passed a law early Thursday morning allowing the Interior Minister to deport the family members of Israeli citizens involved in terrorist attacks.

The law, which has sparked controversy since its introduction earlier this year, underwent a filibuster late Wednesday, extending into the early hours of Thursday.

Sponsored by Likud MK Hanoch Milwidsky and opposition MK Oded Forer from Yisrael Beitenu, the bill was drafted with input from Lt. Col. (res.) Maurice Hirsch, director of the Initiative for Palestinian Authority Accountability and Reform at the Jerusalem Center for Public Affairs. Hirsch, a former director of the Military Prosecution for Judea and Samaria, has worked on similar legal issues.

The law is designed as a deterrent, with the IDF and Shin Bet research indicating that terrorists often worry about the fate of their families after an attack. Currently, the Palestinian Authority provides stipends to terrorists or their families through the “Martyr’s Fund” as compensation for attacks on Israelis. This funding extends to both Palestinian and Israeli Arab families.

The new law aims to counteract this incentive by imposing a financial and logistical burden on the families of Israeli Arabs involved in terror attacks. Under the law, the Interior Minister can order the deportation of immediate family members—parents, siblings, children, spouses, or even common-law partners—if they were aware of the planned attack and failed to report it, or if they publicly supported the attack or terrorist groups.

Deportation for Israeli citizens can last between 7 and 15 years, while for permanent or temporary residents, the duration can range from 10 to 20 years.

The bill faced opposition from civil rights organizations, which argue that it unfairly punishes family members who have not committed a crime, as well as from the Shin Bet and some legal advisors.

Reports indicate that the Shin Bet recommended limiting the law to apply only to the parents of dual-citizen terrorists. Knesset legal advisors also cautioned that the law could be seen as a form of collective punishment, which may lead to it being overturned by Israel’s High Court of Justice.

Although some coalition members, such as Yesh Atid, withdrew their support after the firing of Defense Minister Yoav Gallant, Yisrael Beitenu, where Forer is a member, maintained its backing. After the third and final reading, the bill passed with 61 votes in favor and 41 against.