By Prof. Avi Diskin
The question of immigration is part and parcel of the basic societal dilemmas which we call, in the current context, the dilemma of “solidarity limits.” National solidarity is not only a practical and appropriate solution but is also an idea which is a suitable companion to basic liberal rights and freedoms such as the right for self-definition and the right of free association.
The currently most accepted and stable limits of solidarity are the borders of sovereign nations in general and the borders of nation-states specifically. Countries are characterized by territorial limits and by the sovereignty they apply to the territory they control. It is this sovereignty which is decisive in immigration issues. International agreements and the principles of basic morality require countries to help refugees — especially those running for their lives — but in principle leave the formalities of immigration to the various sovereign nations. Countries are not required to grant refugees citizenship or even integrate them into society; they are only required to prevent the refugee’s extradition to places which represent a danger to life. All countries apply selection criteria for immigration and in many countries these tests center around the country’s national identity and the identity of those seeking to immigrate.
Both theoretically and practically, Woodrow Wilson’s liberal philosophy about the right to self-identification was exceptional. This right finds expression in the immigration policies of many countries. The idea of self-identification also was expressed in the foundation of the League of Nations, and while the League recognized the right of the Jewish people to define its own identity and to found a national home for the Jews, it is undoubtedly true that this recognition was the fruit of efforts by the Zionist movement.
At the center of the Zionist ideal is the founding of a national home for the Jews in the land of Israel. The Zionist ideal therefore places immigration of Jews to Israel as a central organizing principle. Anti-Zionist agents would refuse both the right of Jews to immigrate to Israel and the right of a Jewish state to exist. Both Zionists and anti-Zionists connect the rights of immigration and the existence of the State of Israel.
After the foundation of the State the Zionist ideal was expressed in the Law of Return and in citizenship laws. Challenging these laws means challenging the right of the State of Israel to exist. Laws like the Law of Return exist in many liberal-democratic countries, and attempts to challenge them in only the State of Israel are an aberration from what is accepted as ideal and as common practice.
The results of the War of Independence, the Israeli immigration laws, and the Jews’ longing to return to the land fulfilled the Zionist ideal in two ways. First, the clear and stable majority of Israeli citizens are Jews. Second, the percentage of worldwide Jews living in Israel is steadily growing.
A comparison of immigration statistics shows that nationality does have an influence in some countries. For example, similar vocabularies and a feeling of pan-Arabic nationalism explain immigration patterns within Arab countries. On the whole, though, the main variable in immigration patterns is an economic one. Modern theories emphasize the importance of degradation and social distance alongside economics as factors leading to emigration.
The triangle of nation-state, democratic regime, and immigration policy has accompanied Zionism since its earliest days. Jews have been persecuted for being Jews throughout the diaspora. Zionism strove to solve the Jewish problem in every single place by establishing a nation-state to which Jews from the whole disapora would immigrate. Since the Zionist enterprise began, the Zionist leadership and the Zionist majority championed the establishment of a democratic nation-state which would continue the work of ingathering. The overwhelming assumption of the Zionist leadership was that the state which would be established would be a Jewish and democratic state, a nation-state of all its citizens. The attempt to create a contradiction between these two elements, in the context of immigration or in any other context, is neither correct nor ethical. It denies Zionist philosophy, distorts the international experience of the modern era, and stands in contradiction to the political, practical, and judicial reality in the State of Israel. The claim of a universal right to immigration and a universal requirement to integrate immigrants is baseless — morally, legally, and practically — both in Israel and in every other country.
To the full paper (Hebrew)