How to Avoid a War over the Law of Return

Rafi DeMogge’s article, “The Looming War Over Israel’s Law of Return” examines the controversy surrounding the Law of Return’s Grandchild Clause from two main perspectives. One is political: which of Israel’s political camps will gain voters from the subset of immigrants who are grandchildren of Jews but not recognized as Jews themselves (“others”)? The other perspective is identity-related: which vision of the state will support an expanded circle of immigration that includes grandchildren of Jews, and which will oppose it? Additionally, the article offers an illuminating discussion of the issue’s objective aspects (demography especially) and its subjective aspects (public opinion on what the immigration of “others” means).

His conclusion is that even if, at this time, Israel’s right-wing government will not be advancing the cancellation of the Grandchild Clause—although it corresponds with the political interests of its constituent factions and the identity preferences of its voters—the issue will become a perennial topic of dispute in the foreseeable future, one that will overshadow even the current judicial-reform controversy.

I would like to add a number of points to this important discussion. I will begin by noting considerations that support cancellation of the Grandchild Clause, followed by strong arguments against its cancellation. I will conclude by indicating what I believe to be the appropriate way to address the challenge.