Op-Ed: The US Announced New Visa Restrictions Targeting Israeli Settlers, Is It Even Constitutional?

by Samuel Moshe Nachfolger

The US State Department is implementing a new visa restriction policy targeting individuals -believed- to have been involved in undermining peace, security, or stability in the West Bank, including through committing acts of violence or taking other actions that unduly restrict civilians’ access to essential services and basic necessities. “Immediate family members of such persons also may be subject to these restrictions.”

“We will continue to seek accountability for all acts of violence against civilians in the West Bank, regardless of the perpetrator or the victim. We also continue to engage with the Israeli leadership to make clear that Israel must take additional measures to protect Palestinian civilians from extremist attacks. We will also continue to engage the Palestinian Authority to make clear it must do more to curb Palestinian attacks against Israelis.”

A few questions:

US State department policy allows the denial of visas to criminals. So what’s the big extra deal here? Looks like the word -believed (read suspected)- to have been involved in undermining peace, security, or stability in the West Bank is enough to deny a visa. So one is guilty until proven innocent. Is this constitutional? Or are aliens applying for visas ineligible for the right to be considered innocent until proven guilty?

Will the act of a Jew moving to the West Bank be considered an act of undermining stability, especially if the home was built without US approval?

Would such an act be considered an act of treason for a US citizen, resulting in loss of US citizenship?

Why is the main focus of this directive against Jews? It is well known that the miniscule amounts of unwarranted, non self-defense violence against Palestinians are extremely rare. Not so for Palestinian violence against Jews.

Where will the State Dept. cull this data of suspects from? Extreme left wing NGOs such as Peace Now? Palestinian groups? News media? Or the Israel Police? Maybe all? Will the sources for Palestinian suspects be reasonably commensurate to the sources reporting Jewish suspects?

Will there be a process for appeals for those whose visa was denied through this reason?

How is it ethical to deny visas for uninvolved immediate family members?
Is collective punishment allowed here?

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