The Biden administration’s recent sanctions policy targeting Jewish settlers in the West Bank has come under fire, with a lawsuit filed by Texans for Israel and American Jews living in Israel challenging its constitutionality. Legal scholar Eugene Kontorovich has highlighted the troubling aspects of this policy in a Wall Street Journal article titled “Biden’s Unconstitutional Sanctions on Supporters of Israel”.
Biden’s executive order allows for sanctions on individuals deemed to be undermining “peace” or “stability” in the West Bank, even without allegations of criminal conduct. This broad definition potentially targets Jews simply living, building homes, or visiting holy sites in the region.
Kontorovich points out the hypocrisy in the administration’s approach: “The Biden administration has been easing sanctions on Iran over the past year. Meanwhile, it is using a recent executive order to impose unprecedented sanctions on Jews in Israel who disagree with the administration’s policies.”
The sanctions pose a significant threat to free speech and due process rights. Organizations like Texans for Israel, which supports Jewish communities in Judea and Samaria, now face potential financial risks for exercising their First Amendment rights.
The policy’s implementation has raised concerns about selective enforcement. While Palestinian violence in the region has increased, the sanctions have disproportionately targeted Jews. Even peaceful protesters like Reut Ben Haim, who opposes aid to Gaza that may benefit Hamas, have had their accounts frozen.
Kontorovich notes the stark contrast in treatment: “Vice President Kamala Harris raised money to bail out demonstrators during the sometimes-violent Black Lives Matter protests that rocked Minnesota in the summer of 2020. Yet members of Tzav 9 who protest against material support to Hamas, a U.S. designated terror organization, find themselves in the Biden administration’s crosshairs.”
The sanctions policy also puts American Jews living in the West Bank in an impossible situation. As Kontorovich explains, “if Mr. Abramowitz, who is not subject to sanctions, is ambushed again, he must choose between his safety and the possibility of financial ruin. Palestinians face no such threat.”
This policy not only endangers the lives of American Jews in the West Bank but also denies them equal protection under the law. The lawsuit aims to challenge these unconstitutional measures and protect the rights of Jewish communities in their historical homeland.
