President Biden has deferred enforcing the departure of certain Lebanese and Palestinian nationals present in the U.S. due to ongoing violence and humanitarian crises in their home regions. However, similar protections have not been extended to Israelis. This blog post explains the existing immigration protections available to Lebanese and Palestinian nationals and argues that these protections should also be made available to Israeli nationals.
Having practiced immigration law for nearly 10 years, I am very familiar with the relief that Deferred Enforced Departure (DED) protections offer to foreign nationals in the U.S. who face turmoil in their home countries. Not long ago, I assisted foreign nationals from Hong Kong with filing DED applications following the violent protests in the region. As the war in the Middle East continues, I am deeply concerned about the lack of DED protections for Israelis, despite these protections being available to eligible Lebanese and Palestinian nationals present in the U.S. I believe this disparity calls into question the equity of the current immigration policy.
Impact of the Current War on Israeli Civilians
Just last week was the one-year anniversary since October 7, 2023, when terrorist groups based in the Gaza Strip, including Hamas and Islamic Jihad, launched coordinated attacks against Israel, brutally murdering 1,200 people and kidnapping 240 more, including infants, children, women, and the elderly. These terrorist groups in the Gaza Strip have continued to fire rockets into Israeli civilian areas while the Hezbollah terrorist organization operating out of southern Lebanon has targeted northern and central Israel with a near-constant bombardment of rockets and drone attacks. Since the October 7, 2023 attacks, Israel has responded with extensive military operations targeting these terrorist groups. The region remains engulfed in war, with the situation expected to persist for an extended period of time.
Israel is roughly the size of New Jersey and faces ongoing threats around its borders. In the south and central regions, residents live under constant threat of attack from Hamas operating out of the Gaza Strip, while the northern region remains largely evacuated and paralyzed due to continued rocket fire and drone attacks by Hezbollah.
Adding to these threats is Iran, which has launched direct missile assaults on Israel. On April 13, 2024, Iran fired over 300 missiles and drones into Israel, heightening the already intense situation. More recently, on October 1, 2024, Iran launched another 180 ballistic missiles at Israel. Since October 7, 2023, Israel has also been attacked by the Houthis in Yemen and by rockets fired from Iraq.
The ongoing violence has left Israelis living in constant fear, with most living in areas requiring immediate access to bomb shelters—which people in Israel use on a regular basis to take cover from aerial attacks.
Immigration Protections for Palestinians and Lebanese in the U.S.
In response to the escalating dangers in the region, the Biden administration has taken steps to protect populations affected by the war. On February 14, 2024, President Biden issued a memorandum deferring the removal of certain Palestinian nationals present in the U.S. This Deferred Enforced Departure (DED) grants eligible Palestinians the ability to remain in the U.S. for 18 months—with the possibility of the DED designation being extended beyond that—along with employment authorization valid through August 13, 2025. More information on these protections can be found on the U.S. Citizenship and Immigration Services (USCIS) website here.
Similarly, on July 26, 2024, the administration released another memorandum extending DED protections to certain Lebanese nationals, acknowledging the persistent instability in Lebanon.
In my immigration law practice, I recently advised a Palestinian national on their application for DED status. While the unavailability of this protection to Israeli nationals had been on my mind, my experiences advising both Israeli and Palestinian nationals who are currently inside the United States further prompted me to question why Israeli nationals, who also face significant dangers due to the ongoing war, are not offered the same protections as Palestinians and Lebanese nationals who are inside the United States.
Why Aren't Israeli Nationals Offered the Same Protections?
Several factors may contribute to the Biden Administration’s decision to not grant DED protections to Israeli nationals despite the dangerous conditions in Israel:
Higher Standard of Living: Israel maintains a higher standard of living for its civilians compared to Gaza or southern Lebanon. However, this perception does not change the reality that Israelis are regularly subject to rocket and missile attacks that threaten their lives.
Technological Defenses: Israel’s access to advanced missile defense systems and widespread use of bomb shelters create the perception that Israelis are better protected. However, these technologies are not foolproof. Rockets, missiles, and drones still penetrate Israeli airspace on a regular basis, and many residents have been forced to evacuate from their communities as a result. The psychological toll on civilians continues to remain high due to living in a constant state of fear. My young relatives recently visiting the U.S. from Israel panicked when they heard a distant car on the road that reminded them of the warning sirens they had become accustomed to hearing before a rocket attack in Israel. And the alerts on their cell phone of rocket attacks near their home in Israel left them in a constant state of anxiety. Their experiences highlight how pervasive their fears are even when they are safely in the United States, outside of the war zone.
Furthermore, thousands of Israelis, particularly in the northern regions, have been displaced as a result of the war and live without knowing whether they may be able to return to their homes. Higher standards of living or technological defenses cannot shield civilians from deadly threats and the resulting psychological trauma.
The Implications for Israeli Nationals in the U.S.
Israeli nationals residing in the U.S., particularly those entering under the Visa Waiver Program (ESTA), face significant challenges. ESTA allows Israeli citizens to enter the U.S. for up to 90 days without a visa, but this period cannot be extended. Overstaying can lead to severe consequences, including a 3-year re-entry ban after accruing more than 180 days of unlawful presence and a 10-year re-entry ban after accruing 365 days of unlawful presence time. This situation leaves Israeli nationals feeling trapped because they do not feel safe returning home but face being penalized if they overstay their authorized time in the U.S.
Israelis entering the U.S. on a tourist or business visitor visa (B-1/B-2) are only slightly better off. They are able to remain in the U.S. for up to 6 months and after that period, they have an option to apply to extend their tourist stay for an additional 6 months. But this also leaves Israelis in a difficult situation due to a one-year limitation on the total period of stay. For example, one of my Israeli clients has been in the United States since before the war started on October 7, 2023. I have assisted this client in submitting two extension requests for their B-2 tourist status—the second of those requests, asking for additional time beyond offered 1 year of tourist status, was only approved at the discretion of the USCIS officer, as the B-2 tourist status can usually only be extended for a total period of 1 year. Also, because a tourist cannot work in the U.S., Israelis relying on tourist visas must support themselves using their savings or through financial support from friends or family.
On top of these restrictions is the increasing financial burden. The government fee for the extension application of the tourist visa is $420 for online filing or $470 for paper filing. This does not include legal fees associated with seeking extensions, which can vary but quickly add up.
Without DED protections, Israelis face difficult choices—remain in the U.S. and risk overstaying their status; continue spending legal fees and government filing fees to request discretionary extensions of their tourist status; or return to their home country, where they may not even be able to return to an evacuated community, or where they may face constant danger and trauma from ongoing rocket and drone attacks.
Extending DED protections to Israeli nationals would allow them the flexibility to remain in the U.S., offering relief that’s already been granted to Palestinians and Lebanese nationals. Aligning their status with that of other groups affected by regional instability would ensure equitable support from the U.S.
Addressing the Policy Disparity
The lack of DED protections for Israeli nationals raises important questions about the criteria used to determine eligibility. Safety concerns should not be measured by a country's economic status or technological advancements. My family’s personal experiences of residing in Israel during these turbulent times further demonstrate that safety is a separate issue altogether. Israelis are facing real, daily threats, and they deserve the same consideration in immigration protection as other vulnerable groups.
Conclusion
The ongoing conflict in the Middle East poses serious threats to civilians from all affected regions, including Israelis. While I commend the administration’s recent decision to extend immigration protections to Lebanese and Palestinian nationals, I believe it’s essential to make these protections available to Israeli nationals who are also heavily impacted by this ongoing war. Doing so would reflect the values of fairness and humanitarian assistance that are central to U.S. immigration policy.
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