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Young Israeli boy, non-citizen mother arrested ahead of deportation

We wrote in January [Hebrew] about Supreme Court Justice Yoram Denzinger permitting the deportation of an Israeli boy and his Polish mother. Yesterday at 5 a.m., the mother and her son were arrested ahead of their deportation. This time again, Justice Denzinger refused to get involved.

The boy was born in Israel in 2005 to a Polish women and an Israeli man.  The boy has no connection to his father, received Israeli citizenship, and grew up in Israel from birth.  In August 2010, the mother submitted a request for status on the basis of a government decision stating that children who grew up without legal status in Israel – along with their parents – can obtain residency permits, in order to avoid uprooting and exiling children.  The mother’s request was rejected out of hand over the claim that her son actually did have status – he is a citizen – and that those specific proceedings are for those without.

The District Court rejected the petition she had submitted against the decision, and Supreme Court Justice Yoram Denzinger refused to issue an order prohibited their deportation as long as the appeal of the District Court’s decision is pending.  Chances for the appeal are slim, Justice Denzinger opined, because a child who is a citizen (as opposed to an undocumented child immigrant) does not grant his or her parents status. The government decision granting status to children and their parents, Judge Denzinger said, applies to unlawful residents, and not to the citizen child and his illegal immigrant mother.

As stated, the Israeli boy and his mother were arrested early yesterday morning in their home, and taken to Ben Gurion Airport.  Justice Denzinger did not see fit to change the decision he gave in January, “with full understanding of the personal circumstances of the applicants.”

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    1. Camilla A.

      The boy is Israeli and they’re deporting him?
      It’s grotesque.

      Reply to Comment
      • Piotr Berman

        Why Israel cannot discriminate against Israelis? Well, halachically the child is not a Jew, and one commenter in ynet.com observed that the mother is surely anti-Semitic because she is from Poland (a minority opinion there to be honest, but surprisingly many Israelis hate Poles).

        Reply to Comment
      • Kolumn9

        The interesting stuff is what they don’t bother to translate into English. The individual getting deported is the mother. She entered the country illegally three times and has already been deported twice. She entered the country illegally the third time despite having an order forbidding her entrance by coming in on a different passport with a different name. On her third illegal stay in Israel she got knocked up in 2005 by the boy’s Israeli father but never had a serious relationship with him and the father is not involved in the son’s life. The court ruled that absent a connection with the father the child’s connection with Israel is not greater than that of his connection to his mother’s place of citizenship. She has been trying to use the child’s growing up in Israel as a pretext for letting her stay in Israel ever since he was born. The court also ruled that citizenship of the child has nothing to do with the continued illegal presence of the mother and that the fact that the child will be forced to leave as well has no relevance on the legal status of the mother.

        I would be curious to find out why the mother is so intent on being in Israel (including before the child was born). Anyone know?

        Reply to Comment
        • The difference between the US and Israel here is that no law or court may nullify citizenship by birth on US soil. The focus is not whether he has some metaphysical connection to Polish citizenship, but that he is an Israeli citizen by birth. The mother can be as selfish and coniving as many people in this world; but that does not nullify the child’s citizenship. Is this child a Jew? If we reverse the sexes by race and story here, with a non-Jew father wanting to stay with his Jewish child, absent the mother, would there be a legal differnce? Citizenship trumps the legal status of guardian, unless the guardian is wanting; that is the jurisprudence I would uphold.

          Reply to Comment
          • Kolumn9

            He is an Israeli citizen, or more likely a dual citizen of Israel and Poland and he will remain so when he has followed his mother abroad due to her wanton and persistent disregard of Israeli immigration law. His guardian is being expelled with absolutely ironclad cause, he is not. None of the permutations you mentioned have any bearing on the situation.

            In fact I would even go as far as saying from personal knowledge that the US policy on the matter is absolutely the same. I have an uncle who lives in Seattle with his wife and two children. His wife was caught in a fictitious marriage before she married my uncle. The United States is very persistently trying to deport her, knowing full well that her American-born children will go with her when she leaves. So, frankly, don’t give me your sanctimonious crap about the superiority of American immigration law on the matter.

            Reply to Comment
    2. louis

      Is their any other way but for barbaric to describe this. Interior ministry is the ministery of ctuelty led by ethnocrats.

      Reply to Comment
    3. Kolumn9

      The mother is getting deported. She is taking her Israeli citizen son with her. It is pretty silly though.

      Reply to Comment
    4. walt kovacs

      name one country, other than america, that gives allowances for anchor babies

      im angry at the absentee father

      but it would be a crime to separate mother from child, and its apparent that the mother cannot stay in the country

      Reply to Comment
    5. The US has deported citizens infants, at least when repatriating the Haitian economic flotilla refugees under Clinton. Some of the women gave brith before deportation.

      I would hold that the legal guardian of a child is essential to its exitence and future; that the State cannot deport one of its own citizens; that therefore the mother cannot be deported until the child is of age, so long as she remains guardian, and that motherhood cannot be trumped by the State as guardian without pronounced cause based solely on the well being of the child.

      I would hold that citizenship trumps demographics, that stripping a child of its parent guardian strips her of effective citizenship. I would hold this as well in the US; think on that.

      In the US the child’s citizenship is grounded in the 14th Amendment. But a supreme Knesset can strip citizenship, as is about to happen, as applied, to this truncated family.

      If you tried to write a constitution think of the questions you would have to face. Maybe that is why you don’t.

      Reply to Comment
      • aristeides

        The really crazy part, as I undersgtand it, is that if the child were a non-citizen, an illegal, the law would prevent the mother’s deportation. But because he’s a citizen, they can ship him out.

        Reply to Comment
    6. Yeah

      When the kid turns 18, he can come back to Israel. The Polock mother must go.

      Reply to Comment
    7. Andrew Emenike

      This seems like a personal vendetta against the mom,I think the Isrealis are teaching the mom a lession,The boy is an Israeli period.You cannot deport a citizen born to a country,haba I say

      Reply to Comment