Dear Friend,

Last night I received a call from a high-level Biden Administration official to give me a "heads up." They said, "I know you're disappointed." I replied, "I'm not disappointed. I'm insulted and angry." Angry because, flashing through my mind, were the faces and voices of the hundreds of people who reported to me their denial of entry or their tales of harassment and humiliation at the hands of Israeli border authorities. This unearned perk that the U.S. offered Israel comes at the expense of the rights of Arab Americans and those who've defended the rights of Palestinians. It is unforgivable.

I'm sharing AAI's full statement below. Together we will continue to defend our rights.

-Jim



***PRESS RELEASE***

FOR IMMEDIATE RELEASE CONTACT: Jennifer Salan, [email protected], 202-429-9210

Admitting Israel into the Visa Waiver Program Violates [[link removed]]

the Rights of Millions of Americans and U.S. Law [[link removed]]

Washington, D.C. on September 27, 2023 – In an extraordinary move positioning politics over U.S. law, the Biden Administration announced the admittance of Israel into the Visa Waiver Program (VWP) today. In doing so, they have entered into an agreement with a foreign government that regularly discriminates against Arab Americans, particularly Palestinian Americans, thereby denying a group of American citizens the equal protection of the law.

James Zogby, President of the Arab American Institute, stated:

“This Administration has failed the Arab American community and the central principle of equal protection under the law. By prioritizing a political perk to a foreign country over the equal rights and safety of American citizens, the Biden Administration has agreed to continued, blatant discrimination against Arab Americans, including Palestinian Americans, and others who advocate for Palestinian human rights.”

Israel has not met the legal requirements of reciprocity prior to entering into the program.

· The U.S. has admitted Israel into the VWP with full knowledge that reciprocity will not be conceivable for up to seven months after admittance. Israel will not fully implement a unified system for visa waiver travel for all Americans until May 1, 2024, with no guarantee that discriminatory treatment would cease after its implementation. Until then, U.S. citizens residing in the West Bank will be placed in a second tier – a clear violation of the reciprocity requirement.

· Additionally, the exclusion of an entire group of U.S. citizens due to their Gaza designation on the Palestinian Population Registry is a blatant violation of reciprocity. U.S. citizenship must supersede any other designation for full rights to be guaranteed for Americans.

· Community based organizations continue to hear from U.S. citizens, particularly Palestinian Americans, experiencing harassment and discrimination while trying to enter and exit Israel and Occupied Palestinian Territory. Since the signing of the unreleased MOU with Israel in July, advocates have noticed an uptick in incidents occurring on exit.

· U.S. citizens with Palestinian IDs entering and exiting the West Bank are separated from other travelers and forced to cross checkpoints on foot, limiting their freedom of movement and creating separate, unequal facilities for certain classes of American citizens. This demonstrates with clarity that a state engaged in an occupation of another people cannot possibly be a candidate for admittance into the VWP.

James Zogby, President of the Arab American Institute, offered these additional remarks:

“Over the last four decades, we have received hundreds of complaints of Israeli mistreatment or outright denial of entry. These have continued during the so-called test period the U.S. established in recent months. Israel has failed the test and the U.S. has failed to protect the rights of American citizens of Arab descent.

Further, by choosing to make this reckless move ahead of the September 30, 2023 end of the federal fiscal year, it is also clear the issue of reciprocity was not the only barrier to Israel’s eligibility to enter the VWP. Moving to admit them now so that an application would not have to restart under potentially different (and post-COVID) visa refusal rates—an additional requirement of the law—is another sign of the prioritization of politics over our rights.

Throughout Israel’s decades-long discrimination against our community, we have demanded our rights be protected. The best we got then were statements of concern and a travel warning from the State Department. When the conversation shifted to the implausible discussion of visa waiver, we heard over and over again ‘Blue Means Blue’ and ‘we will not do this without guaranteeing your rights.’ Those words ring hollow today. Instead of protecting our rights, we have a secret MOU that gave our rights away and an opaque political process that did not happen with any of the other forty countries previously admitted into the program.

With this move, Israel has extended its discriminatory apartheid laws to American citizens with our own government’s enthusiastic support. We will not relent in our opposition. We will continue our work documenting the cases of discrimination, demanding our government release the data of this discrimination, and calling for congressional oversight of a move that violates both the spirit and the substance of a law they passed. And we will pursue the legal means available to us to protect our rights.”

The Visa Waiver Program, which allows for visa-free, short-term travel between the U.S. and member countries, requires “reciprocal privileges to citizens and nationals of the United States.” However, based on a yet unreleased July 19, 2023, Memorandum of Understanding (MOU) between Israel and the U.S., it is clear Israel does not meet the statutory requirements of the law. Israel’s continued mistreatment of Americans of Arab descent, and others who espouse support for Palestinian human rights at ports of entry and exit, proves they will not treat Americans equally—regardless of national origin, ethnicity, or religion.

Civil rights advocates, including the Arab American Institute, have continuously warned against Israel’s inclusion in the Visa Waiver Program due to the country’s well-documented unremitting discrimination against American citizens. Arab Americans, particularly Palestinian Americans,

face long detentions and invasive questioning, searches of personal devices and social media, harassment, and in some cases, strip searches and denial of entry.

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The Arab American Institute is a national civil rights advocacy organization that provides strategic analysis to policymakers and community members to strengthen democracy, protect civil rights and liberties, and defend human rights. AAI organizes the 3.7 million Arab Americans across the country to ensure an informed, organized, and effective constituency is represented in all aspects of civic life.

Arab American Institute Foundation
1600 K Street, NW, Suite 601
Washington, DC 20006
United States
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