The recent dismissal of a lawsuit filed by Palestinian Americans seeking the US government’s intervention to secure their evacuation and that of their families from Gaza marks a significant, and deeply disheartening, development. The case, brought forth in December 2023, accused the Biden administration of abandoning US citizens of Palestinian origin amidst the ongoing conflict. This article delves into the details of the court’s decision, the arguments presented by both sides, and the complex challenges surrounding the evacuation of Palestinian Americans from the Gaza Strip.
Court Dismisses Lawsuit Seeking Gaza Evacuations
On Thursday, Chief Judge Virginia Kendall of the US District Court in Chicago dismissed the lawsuit, acknowledging the dire circumstances faced by the plaintiffs but asserting the court’s limitations in dictating foreign policy. Reuters reported that Judge Kendall expressed empathy for “the impossible positions” in which the Palestinian Americans found themselves, however, she stated the judiciary lacks the necessary tools to assess or influence executive branch decisions regarding international affairs.
The core argument for dismissal rested on the court’s inability to effectively execute the requested actions. Judge Kendall highlighted the lack of a US diplomatic presence in Gaza and the absence of diplomatic resources to coordinate evacuations with other nations. She emphasized that attempting to resolve these issues from within the courtroom would be “undoable” and would encroach upon the constitutional responsibilities of the political branches – namely, determining when, how, and under what conditions evacuations from war zones should proceed.
The Plaintiffs’ Case: Abandonment and Constitutional Rights
The lawsuit was filed by nine Palestinian Americans, either currently trapped in Gaza or with family members residing there. Supported by the Council on American-Islamic Relations (CAIR) and attorney Maria Kari, the plaintiffs alleged that the US government had failed to adequately protect its citizens of Palestinian descent during Israel’s military operations in Gaza, which they and numerous other entities have characterized as a potential genocide.
They argued that the government had a duty to conduct emergency rescues, claiming that they had exhausted all non-legal avenues to escape or assist their families. The plaintiffs asserted a violation of their constitutional right to equal protection, alleging that they were not afforded the same level of assistance in evacuation as other US citizens facing similar crises.
The lawsuit detailed the devastating impact of the conflict on the plaintiffs’ lives, citing the lack of adequate shelter, widespread food shortages, limited access to medical care, and the overall turmoil within Gaza. These conditions, they argued, created a clear duty of care for the US government to intervene and facilitate their evacuation. CAIR maintained that each plaintiff was eligible for US assistance but had been “summarily ignored” by the State Department and other Biden administration officials.
US Government Response and the Evacuation Process
While the US Department of State has not yet issued a formal comment on the dismissal, court documents reveal the government had developed an evacuation plan for US citizens in Gaza. Judge Kendall noted that the nine plaintiffs had either already been evacuated or had declined offers that did not extend to their immediate family members. This point is crucial, as the US evacuation process has been consistently criticized for its restrictive criteria.
The process, as reported by Middle East Eye in February 2024, is notoriously complex. It begins with relatives submitting an online crisis intake form to the State Department on behalf of those trapped in Gaza. Approved applicants are added to a list for review by both Egypt and Israel. Following further approval, the list is forwarded to Palestinian authorities, who publish a daily roster of individuals cleared to depart via the Rafah border crossing.
To date, the US State Department claims to have aided over 1,600 individuals – encompassing US citizens, lawful permanent residents, and their family members – in leaving Gaza through the Rafah crossing. However, this assistance was contingent upon meeting specific requirements. Initially, only US citizens, their spouses, parents, and unmarried children under 21 were eligible. Even siblings under 21 could only be approved if their US citizen sibling was also under the age of 21, highlighting the limitations and complexities of the system. The situation regarding the status of families in Gaza remains unclear, particularly in light of recent developments and the ongoing challenges to humanitarian access.
Implications and Future Actions
The dismissal of this lawsuit underscores the significant legal and logistical hurdles involved in providing assistance to US citizens in active war zones, especially in areas where diplomatic relations are limited or non-existent. While the court acknowledged the suffering of the plaintiffs, it ultimately deferred to the executive branch’s authority in matters of foreign policy.
This outcome is likely to fuel further criticism of the Biden administration’s handling of the crisis and its perceived uneven application of evacuation assistance based on national origin. CAIR and attorney Maria Kari have indicated they are considering further legal options, potentially focusing on challenging the specific criteria used in the US citizen evacuation process. The situation remains fluid, and the plight of Palestinian Americans and their families in Gaza continues to demand attention and a comprehensive, equitable response from the US government.
