Despite US pledge of equal treatment, Gazan Americans left out of Visa Waiver Program

WASHINGTON – The US and Israel announced on Wednesday that they have reached Settlement The easing of travel restrictions for Palestinian-Americans to Jerusalem, paving the way for Israel’s entry into the US Visa Waiver Program (VWP), but the text of the deal obtained by The Times of Israel showed that US citizens would not be allowed in Gaza. Significant benefits that the West Bank and their American partners living around the world will be able to enjoy.

Unlike all other US citizens, Americans living in Gaza will be ineligible for a 90-day permit to enter Israel, according to an agreement signed Wednesday by Michael Herzog and US Ambassador to Israel Tom Nides. That’s one of the main benefits the Biden administration has secured for US citizens in the West Bank, who will also be able to use Ben Gurion Airport – Israel’s primary international airport – for the first time starting Thursday.

The limits for American citizens based in Gaza appear to violate the Biden administration’s pledge to ensure “equal treatment” for all American citizens traveling to that country, which is a member of the VWP, “regardless of national origin, religion or ethnicity” — a commitment also included in Wednesday’s bilateral agreement, titled “Memorandum of Understanding between the Government of the State of Israel and the Government of the United States of America on the Extension of Reciprocal Privileges and Visa Waiver Program.”

The MOU states that the current security situation does not permit “regular travel” between Gaza and Israel, which is a necessary condition for US citizens in the Strip to be able to travel freely into and through Israel as part of the VWP. The document states that once regular travel resumes, US citizens living in Gaza will be permitted to travel into Israel under the same VWP guidelines that apply to Americans in the West Bank. The MoU does not specify in detail when this will happen and who will determine this.

Gaza is ruled by the Islamic Hamas group, which is classified as a terrorist organization by both Israel and the US. Only 500 or so US citizens live in the coastal region, compared to an estimated 35,000 in the West Bank.

The MOU states that US citizens who wish to travel out of Gaza will be able to apply for a permit to use the Erez crossing in Israel, a process similar to that completed by non-US Gazans working in Israel, while not specifying which airport they can use once they arrive in the Jewish state. A source familiar with the matter said those Gazans would not have access to Ben Gurion, but would instead have to pass through the Allenby crossing between the West Bank and Jordan, after which they would be able to fly out of Amman.

It would still be a short commute compared to traveling from Gaza to Cairo, which is the current route Palestinians from the enclave must take if they want to fly out to the international airport – a sometimes perilous six-hour drive through the Sinai Peninsula. .

The MOU assumes that not all Gazans will be granted entry by Israel through its Erez crossing, but it provides a somewhat complicated backup plan. In cases when a US citizen is denied permission to use the Erase, they are required to submit an application to the Palestinian Authority “to travel to a third state and return to Gaza”. The MoU states that the PA is to forward the application for Israeli military liaison to the Palestinians (COGAT), however this must be done 45 days before the passenger’s departure date.

These restrictions do not apply to US citizens originally from Gaza who no longer live in the enclave. They will be able to enter Israel with an automatic 90-day permit under the terms of the Palestinian VWP.

Apparently recognizing the still-difficult travel conditions for American citizens living in Gaza, the Biden administration persuaded Israel to include a clause in the MoU stating that American citizens with first-degree relatives in Gaza will be allowed to apply for permits through COGAT. Access to the Enclave for up to 90 days.

Still, the overall limited nature of the travel reform for US citizens based in Gaza makes the Biden administration vulnerable to criticism from progressive Democrats, who have backed away from granting Israelis the key privilege of visa-free travel to the US because of Israel’s treatment of Arab and Muslim American travelers, who often face intense scrutiny at the airport and sometimes complain of discriminatory treatment.

US Ambassador to Israel Tom Nides (left) and Israel Airports Authority President Jerry Gershon at the Allenby Crossing on April 2, 2023. (Jerry Mansour, US Office of Palestinian Affairs)

This may explain why Biden officials have avoided answering for weeks whether VWP benefits would apply to US citizens in Gaza.

During a briefing with reporters on Wednesday, a senior US State Department official said, “We have made provisions to allow US citizens to come from Gaza to apply for permits.”

State Department spokesman Matthew Miller similarly avoided answering a direct question during his press briefing hours later.

In its own public announcement, Israel used vague language regarding what it had agreed upon. A statement from the Prime Minister’s Office, using Israel’s name for the West, said, “The full implementation of the program will apply to any US citizen, including people with dual citizenship, US residents of Judea and Samaria, and US residents of the Gaza Strip.” Residents included.” Edge.

The new guidelines for US citizens in the West Bank and Gaza will go into effect on Thursday. The US will then monitor Israel’s compliance with the guidelines for the next six weeks and make a decision on Israel’s inclusion in the VWP by September 30.

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