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US visa waiver will be a significant win for Netanyahu. But Biden is in no mood for gift-giving

The Americans demand that Israel stop discriminating against Americans of Palestinian origin, who are often denied entry or taken for security questioning on arrival.

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The attitude that Israelis encounter while applying for a US visa is nothing as ‘special’ as the relations between Washington and Jerusalem. This harsh reality has presented a preposterous situation: while all Israeli passport holders have visa exemptions for entry into the United Arab Emirates, they cannot enjoy the same benefit when it comes to their most important ally.

Last week the US Department of Homeland Security (DHS) and the US State Department started their four-week pilot program to include Israel in the Visa Waiver Program (VWP). But considering the continued friction between US President Joe Biden’s administration and Israeli Prime Minister Benjamin Netanyahu’s new government, Israel’s window of opportunity is closing.

The VWP allows citizens from 40 countries to visit the US for 90 days for tourism or business purposes without the hassle of applying for a visa in advance. Some of the countries participating in this program are Andorra, Australia, Austria, New Zealand, Belgium, Denmark, Czech Republic, Italy, Japan, France, Iceland, Estonia, Germany, Hungary, Greece, Spain, Switzerland, Italy, Republic of Korea, Norway, Singapore, San Marino, Netherlands, Liechtenstein, Malta, Luxembourg, Lithuania, Sweden, Monaco, Ireland, England, and Angola.

Israel’s long fight for VWP

Israel has sought admission to this program for decades but couldn’t become eligible because its US visa refusal rate remained higher than the 3 per cent qualifying benchmark. In 2021 the new Israeli representative to the United Nations and former ambassador to Washington, Gilad Erdan, decided to prioritise the issue. At the annual conference of the Israeli-American Council (IAC) in December of that year, he revealed: “After intensive fieldwork, I realised that the officials who discussed the visa applications of the Israelis simply did not understand the Israeli culture and refused many requests of young Israelis who asked for a visa because they thought that at the age of 22 if they did not have a job – they would want to become illegal immigrants.”

Arden’s claim is partially correct. Unlike most Americans who pursue higher education and join college at 17 or 18, in Israel, mandatory military service ends only after 20 for women and 21 for men. The discharged soldiers look for different ways to compensate for lost years: some become backpackers and travel to South Asia or South America for a few months, if not years, while others decide to work or join a university. But the big trip is a privilege to many, and one of many ways to achieve it is by working abroad.

The US is undoubtedly at the top of all the destinations where young Israelis prefer to work. The reason for this is apparent: the salaries are considered high and can offer good returns within a short period. Most choose to pick up jobs at mall kiosks, selling beauty products and hair straighteners. This way, young Israelis get unofficial sales internships and earn sums that are hard to accumulate in their home country. After all, which job will offer a 20-year-old without education the chance to earn NIS 10,000 a month, equivalent to Rs 2.25 lakh?


Also read: Why Israel must be seen as a sister democracy of India


There’s more to the story

Other reciprocal requirements have also delayed Israel’s admission into the coveted program. The Americans demand that Israel stop discriminating against Americans of Palestinian origin, who are often denied entry or taken for security questioning on arrival. The numbers of Palestinian American residents of the West Bank aren’t precise. Israeli officials claim the number to be about 20,000while US officials estimate it to be between 45,000 and 60,000.

Admission to the program is subject to one month’s trial, conditioned on improving Israeli authorities’ attitude toward American citizens regardless of their religion, place of birth, or political views. Americans of Palestinian origin encounter many difficulties while on their way to Israel,  often flying to Jordan and entering the West Bank or the Gaza Strip from there.

US’ ‘keep Israel out’ push

The decision to include Israel in the prestigious program has drawn criticism from multiple American stakeholders. Last month, 20 members of Congress, including Rashida Tlaib and Alexandria Ocasio-Cortez, urged the Biden administration to keep Israel out of the program due to its alleged “disparate treatment” of Palestinians.

Israel is known for its airport “differential security check,” which is based on characteristics relevant to Israel’s aviation authority and national security, and is regulated by several procedures. According to Israeli law, the airport authority is authorised to perform a differential check on passengers – a mandate that is anchored in several laws. The method allows Israel to regulate passenger traffic and provide good service while dealing with immeasurable security challenges such as lone wolf and organised terror attacks.

In light of these threats, the Israeli security establishment had a few reservations about carrying out the pilot program. The Americans saw the principle of reciprocity as a critical condition for Israel’s inclusion in the visa exemption program. Finally, under the guidance of the political echelon, solutions were found to the satisfaction of the Israel Security Agency. Israel pledged that Americans could enter their country without any discrimination or delays.


Also read: What is Hamas, how it rose to power & its role in Israel-Palestine conflict


Poor timing, crucial move

The visa issue is influenced by two key factors: electorate calculations and a means to keep the White House happy amid tense relations between the Biden and Netanyahu administrations. In July last year, before Biden visited Israel, the coalition led by then-Prime Minister Yair Lapid asked the opposition led by Netanyahu to promote two bills that would allow the US access to Israeli databases before the parliamentary summer recess. The Likud party refused to include the laws in the vote on the eve of the Knesset (Israeli parliament) dissolution, fearing that the coalition would take advantage of this in the next elections. In March, Netanyahu made a positive announcement amid a diplomatic crisis between Washington and Israel regarding the VWP. After all, Netanyahu wants to be remembered for bringing this change to his young voters, especially when its effect can be felt immediately.

But timing is everything. The pilot program has been launched at a time when Israel-US relations are at their worst. As The New York Times commentator Thomas Friedman mentioned in his recent article, “the Biden administration calls to stop judicial reform until a broad consensus is reached.” Netanyahu hasn’t been invited for an official visit to the US ever since he became prime minister, and the displeasure is evident. President Isaac Herzog, a non-elected figure with a mainly ceremonial role, was asked to visit Washington a week ago instead, which threw sand in Netanyahu’s eyes.

The Biden administration is aware that the inclusion of Israel in the VWP will be a significant achievement for the current government and the citizens of Israel. Still, the Americans aren’t convinced this is the time for gift-giving. Today, Israel’s political elite are concerned about the consequences of passing the ‘reasonableness’ bill as part of the government’s judicial overhauland its potential effects on joining the program.  After years of joint efforts of different agencies in Israel, their main concern is that the US will not only conjure up additional requirements but even reconsider the entire process. Israel’s next chance could only come after two years, but until then, we might have a different Israel and a different dynamic with our ally.

Dr Oshrit Birvadker is an Indian-origin member of the Bene Israel community, based in Tel Aviv. She is a leading analyst of India’s foreign policy in Israel, a senior researcher at the Jerusalem Institute for Strategy and Security (JISS), a business development expert, and an entrepreneur. She tweets @birvadker. Views are personal.

(Edited by Zoya Bhatti)

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