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Israeli-Americans explain why they are suing Biden over sanctions

“The administration targeted individuals for engaging in legitimate protest activities,” says a lawyer involved in the case.

Kerem Shalom Crossing
Israelis protest against supply trucks entering the Gaza Strip at the Kerem Shalom border crossing, Jan. 29, 2024. Photo by Chaim Goldberg/Flash90.

A federal lawsuit filed in Texas is challenging the Biden administration’s sanctions against Israeli citizens, alleging the measures violate their constitutional rights.

Four Israeli-Americans claim the sanctions are discriminatory, with their attorney arguing that the president cannot punish those with whom he has a political disagreement.

Last week, four Israeli-American dual citizens filed a lawsuit against the federal government in the U.S. District Court for the Northern District of Texas, challenging sanctions imposed on them. The plaintiffs argue that the sanctions violate the U.S. Constitution.

The lawsuit was brought by Michael Isley, a Texans for Israel staffer; Meir Deutsch, CEO of Regavim, an NGO that supports the right of Israelis to live in Judea and Samaria; Ari Abramowitz, a victim of a stabbing attack by Palestinians; and Yosef Ben Chaim, the husband of the founder of Tzav 9, a movement to stop supplies from entering Gaza, most of which are stolen by Hamas, while Israelis are held captive there.

It details the case of Yosef Ben Chaim: “The plaintiff has suffered significant financial harm from the sanctions imposed on his wife, as he received his monthly salary from her business. Their bank accounts, including her business account in Israel, were frozen, preventing the couple from carrying out essential daily activities,” the lawsuit states.

The complaint provides context for Tzav 9 activities, emphasizing the organization’s opposition to violence and outlining the impact of the sanctions.

“The [presidential executive] order is discriminatory, and its enforcement violates the constitutional rights of American citizens,” writes Jerome Marcus, one of the attorneys on the legal team.

In an interview with Israel Hayom, Marcus added that the Biden administration has supported other protests that use tactics similar to those employed by Tzav 9.

What is the problem with the sanctions?

Marcus explained, “The order is worded to apply to ‘anyone who, in the U.S. president’s opinion, interferes with the peace process between Israel and its Arab neighbors.’ However, in practice, sanctions were only imposed on Jews, while Palestinian Authority officials who committed violence against Jews faced no such measures.”

He argued that the conclusion about Israeli “settler” violence is based on biased statistics.

Marcus further contended, “The administration targeted individuals for engaging in legitimate protest activities. This is the kind of protest that the Biden administration has praised when it involved organizations they support. The administration’s order gives the president the authority to punish people who act contrary to his opinion. This is unusual and, in our view, illegal.”

Marcus emphasized, “The fact that these sanctions target U.S. citizens makes the executive order far more problematic legally. U.S. citizens have constitutional rights that noncitizens do not. This is particularly relevant to the First Amendment, which protects every American citizen’s right to free speech and to hear others speak freely.”

Why is the proceeding taking place in Texas?

Marcus explained that “one of the plaintiffs, Texans for Israel—a group of Christian supporters of Israel who bring Israelis from Judea and Samaria to the U.S. to speak and meet with American government officials—is based in Texas.”

Deutsch filed the petition against the sanctions and commented: “Friendship and democracy are proven through actions, not words. The recent actions of the U.S. raise serious questions about its commitment to both democracy and true friendship.

“At Israel’s most challenging hour since its establishment, the American administration has withheld critical ammunition. For the first time in history, our ally has imposed sanctions on us—not to influence government policy but to sway public opinion in Israel. This is not how a democracy behaves, nor how a friend acts.”

Originally published by Israel Hayom.

Ariel Kahana is a seasoned Israeli journalist and diplomatic correspondent, frequently sought after as a TV commentator and speaker. He began his media career as an editor and presenter for Arutz 7 radio and has since held key roles across print, broadcast, and digital platforms. Over the years, his work has provided him with a front-row seat to many of Israel’s most pivotal events.
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