Contradictions of Dual Citizenship

By Robert G. Hazo

Rabbi Meir Kahane, now a member of the Israeli Knesset, is an American citizen. He is also, obviously, an Israeli citizen. Section 349 (a)(1) of the Immigration and Nationality Act provides for the loss of American citizenship when an individual applies to become a foreign national. But, under the "Law of Return" in Israel, an American of Jewish origin going to Israel becomes an Israeli citizen automatically unless he declines the option. Thus, no application is involved and U.S. law is circumvented.

In a statement in January 1969, the Attorney General observed that though employment by a foreign government in a low or non-controversial status, e.g., as a teacher, might not be sufficient to cause loss of nationality, "a different case would be presented by an individual's acceptance of an important political post in a foreign government." Elected to the highest political body in Israel, Kahane certainly qualifies as "a different case," and, accordingly, just after he was elected, the State Department announced that it would review his status as a U.S. citizen. It is still doing so.

As a natural extension, these current State Department deliberations should also be the occasion for the fashioning of a firm policy toward American citizens who serve in foreign armies. According to the State Department, "the United States opposes service by U.S. citizens in foreign armed forces..." because such participation by our citizens in the internal affairs of foreign countries can cause problems in the conduct of foreign relations and may involve U.S. citizens in hostilities against countries with which we are at peace." Indeed, such participation can cause even greater difficulties in the case of Israeli-Americans.

The exact number of those who hold dual Israeli-American citizenship is a closely held secret. Estimates range from 50,000 to half a million. The tatter figure, judged by many informed observers as closer to the actual figure than the former, is also one-eighth of Israel's population. Since the vast majority of these dual citizens live in the U.S., the dual citizenship issue may be masking another demographic trend in Israel: Substantial re-emigration of Jewish immigrants to Israel back to their countries of origin, particularly when those countries are in North and South America.

Since those who become citizens of Israel are subject to compulsory military service, it is reasonable to conclude that a significant number of those holding dual citizenship actually have served in the Israeli armed forces.

It is, therefore, entirely possible that, as some investigators claim, an American citizen who learned to fly in U.S. military service was among the pilots of Israeli aircraft which, along with Israeli torpedo boats, attacked the U.S.S. Liberty in 1967, resulting in the death of 34 American sailors and the wounding of 171 more. American citizens serving in the Israeli forces have boasted on some radio and T.V. talk shows of participating in the invasion of Lebanon, an action condemned by the U.S. government in the United Nations. By extrapolation, therefore, it is more than merely possible that American citizens were among those Israelis who, according to the public testimony of the Commandant of the Marine Corps and the Commander of the Marines in Beirut, harassed the Marines there and endangered their lives. Conceivably, an American-Israeli soldier could have been in the Israeli tank that threatened the life of U.S. Marine Captain Johnson in a widely-reported incident during the tense days when U.S. Marines in Beirut were turning back Israeli encroachments into the Marine perimeters.

Ideally, all dual citizenship should be eliminated since, however friendly two countries may be, their interests are not and cannot always be identical. In the case of the United States and Israel, the two countries' interests diverge widely because of America's announced intention, as well as its strategic and economic need, to develop and maintain good relations with a variety of countries in the Middle East and the Islamic world. They also diverge in terms of protecting U.S. military secrets, particularly in the nuclear field. Charges that a Senate staffer was overheard offering U.S. secrets to Israel, raised recently in Michael Saba's book, The Armageddon Network, still remain unanswered by the man accused, now a high-ranking Pentagon official.

Thus the specter of a conflict of allegiances is raised. Total elimination, however, is practically impossible, since there are countries such as France who regard those born on French soil as French nationals no matter what they subsequently say or do or where they go. Nor does it appear useful to disparage ethnic political activity within the American process, motivated by feelings for the old (or in the case of Israel, new) country. Though not in the highest American tradition of free and disinterested choice for the common good, such activity is as natural as it is inevitable. Some Irish-Americans try to affect American policy toward Northern Ireland, some East European-Americans toward Russia, some Greek-Americans toward Cyprus and Turkey, some Jewish-Americans toward Israel and some Arab-Americans toward the Arab world. These activities, however, are of a wholly different order from holding political office in a foreign country, fighting in that country's armed forces or carrying on activities designed to subvert stated U.S. policy, such as colonizing the West Bank, which has been called illegal or an obstacle to peace by every American administration since it began.

With regard to these matters there should be a clear directive applicable to all Americans serving any other country: Give up the office, get out of the foreign army, stop the proscribed activities or relinquish American citizenship. It is a reasonable guess that our intelligence community knows the vast bulk of those American citizens to whom such a directive should apply. They should be given a clear choice. If not then, in the most obvious case, the United States government, the Israeli government and, above all, those holding dual American-Israeli citizenship who would be affected, may all be headed for trouble.

Robert G. Hazo is Chairman of the Middle East Policy Association.