Supreme Court ends automatic citizenship for non-Jewish children of immigrants
Under the ruling, these children and others in similar situations must follow the standard naturalization procedure, subject to ministerial discretion.
In a rare ruling by an expanded seven-judge panel, Israel’s Supreme Court on Sunday overturned the automatic granting of citizenship to non-Jewish children of immigrants under the Law of Return.
From now on, such minors must go through the standard naturalization process, which is longer and more restrictive.
The decision, passed by six votes to one, reverses a precedent set only a few months ago and reinstates the traditional interpretation upheld by the Ministry of the Interior. It hinges on the distinction between two routes to Israeli citizenship: the Law of Return and naturalization.
The Law of Return provides an almost automatic right to immigration and citizenship for Jews, their children and grandchildren, and most converts, facilitating rapid settlement. It was never intended to apply to non-Jews. Naturalization, in contrast, requires several years of residence, demonstrated integration, basic Hebrew proficiency, and approval by the Minister of the Interior. Children of naturalized citizens generally obtain citizenship without difficulty.
The debate focused on whether children of immigrants under the Law of Return should automatically gain citizenship, like those of naturalized citizens. In June 2024, the Supreme Court had ruled that they could. The expanded panel’s ruling now reverses that position.
Judge Noam Sohlberg, speaking for the majority, said that blurring the two paths would “distort” the Law of Return and excessively broaden its scope.
Other judges highlighted that each route has its own rules for family members, and combining them causes “ambiguity and confusion.” Judge Yosef Elron warned of a higher risk of fraudulent claims during aliyah procedures.
The lone dissenting judge, Ruth Ronen, argued that Israeli law should ensure a unified status within families to prevent children from being left in a legal gray zone—or even stateless.
The case involved the Clement family, long-time residents of Dimona’s African Hebrew Israelite community. The father, a U.S. convert, had immigrated while falsely claiming to be unmarried and childless. Of their eleven children, seven were left without citizenship, with some at risk of statelessness.
Under the ruling, these children and others in similar situations must follow the standard naturalization procedure, subject to ministerial discretion. The Court urged the State to use humanitarian measures to prevent minors from being left without status, emphasizing that only the Knesset can permanently change the legal framework.