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The Law of Return must not become a political test
If political opinions or lawful activism can become relevant to whether that promise applies, then every diaspora Jew has a stake in where the boundary lies
The Law of Return is one of the foundational promises of the State of Israel: that Israel is the home of the Jewish people, not merely of Jews whose politics find favour with the government of the day. That is why the case of Lawrence Shenkin should concern diaspora Jews, whatever they think of his political choices.
For the last six months, Lawrence Shenkin, a young man from Golders Green, has had his life turned upside down. After five years living and studying in Israel, he began the process of making aliyah.
Lawrence is a product of Anglo-Jewish schools and religious Zionist education through Bnei Akiva, Yeshivat HaKotel and Machon Lev. Motivated by his Jewish values, he became involved in social justice causes in Israel. He volunteered with Bnei Avraham, undertaking “protective presence” work in Palestinian villages in the West Bank where residents face violence from Jewish extremists. Hundreds of volunteers are involved in this kind of work through different organisations. He never imagined that this work could jeopardise his plans to continue his studies, begin a semicha programme and build his life in Israel.
During his volunteering, a local security guard took and photographed Lawrence’s passport. Months later, his permission to enter Israel was revoked. Although his subsequent aliyah application was initially approved, complete with a “Mazal Tov” letter, he was later informed that the approval had been temporarily revoked under the Entry into Israel Law, citing ‘Section 40’.
Amendment 40 (if this is indeed what was meant) lists grounds including boycotts of Israel, Holocaust or 7 October denial, and support for international prosecution of Israelis for actions undertaken in security roles. Which of these Lawrence is alleged to have breached remains unclear. He has committed no crime and has been involved in none of the activities listed there. Meanwhile, he has spent six months in the UK, unable to return to his life in Israel and incurring substantial rent and legal costs.
You do not have to agree with Lawrence’s choice of activism. You may think that his volunteering in Palestinian villages is politically naïve, or that Jewish energies are better directed elsewhere.
The Law of Return cannot be meaningful only when we approve of the choices made by the Jew seeking to invoke it. Of course, Israel has the right to protect itself from genuine threats. But any exception on grounds of national security must be justified, rigorously and transparently applied. If provisions of the Entry into Israel Law can be used to prevent an otherwise eligible Jew from completing aliyah because of lawful political activity, the effect is to introduce a political test into the operation of the Law of Return.
Diaspora communities should be particularly alarmed. The Law of Return is not simply another piece of Israeli immigration legislation. It represents Israel’s promise to Jews everywhere. If political opinions or lawful activism can become relevant to whether that promise applies, then every diaspora Jew has a stake in where the boundary lies.
So far, Lawrence and one American woman are the only people we know of who have been affected in this way. But there is no reason to assume it will stop with them. Who decides which opinions or forms of peaceful activism make a Jew sufficiently threatening to be denied the right to make their home in Israel?
There is a wider danger too. Diaspora Jews need to be able to voice genuinely held views, including criticism of Israeli policy, even when they diverge from those of the government of the day. Such criticism may come from a deep commitment to Israel and concern for its future. If Jews fear that this might one day count against them in making aliyah, we risk encouraging self-censorship long before anyone reaches the border.
Lawrence’s case may ultimately be resolved by the courts. But diaspora communities should not wait for that to happen before speaking out. We can disagree profoundly about settlements, the war, this government and the proper boundaries of protest. What we should not accept is the emergence of a political test for belonging to the Jewish homeland. The Law of Return is too fundamental to become another arena for our political divisions.
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