Palestinian Americans Sue State Department for Failing to Evacuate Family Members in Gaza

Families of US citizens stuck in the Gaza Strip are turning to lawyers after weeks of futile attempts to allow their exit from the region, which has been under attack by Israel since October 7.

According to a report by The Guardian, families of Palestinian Americans in the Gaza Strip are “lawyering up” after weeks of their loved ones being stuck in the region under heavy bombardment by Israel. According to reports, although US citizens in the region were provided flights to leave, those in the Gaza Strip cannot leave. Maria Kari, an immigration lawyer and writer involved in three such lawsuits in California has said: “I’ve never raced against the clock to file a lawsuit because it was life and death”. She further said that it’s “a matter of time” till her client(s) could be killed.

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On Wednesday, dual nationals in Gaza reportedly started to make their way out of the territory after an agreement was struck between Israel, Hamas, Egypt, Qatar, and the US to “partly open” the Rafah crossing on the Gaza-Egypt border for a limited time. After which, US President Joe Biden said: “We expect American citizens to exit today, and we expect to see more depart over the coming days”.

Today, thanks to American leadership, we secured safe passage for wounded Palestinians and for foreign nationals to exit Gaza.

We expect American citizens to exit today, and we expect to see more depart over the coming days.

We won't let up working to get Americans out of Gaza.
— President Biden (@POTUS) November 1, 2023

Although there is no way to determine how many US citizens exited, if any at all, an email sent from the US Department of State’s Bureau of Consular Affairs to a citizen in Gaza reads: “The US Government has reliable information that limited departures from Gaza may begin this week. US citizens and family members will be assigned specific departure dates to ensure an orderly crossing”. However, Kari has expressed determination saying she will not pause her legal actions unless all her clients are safely out of the Gaza Strip.

Palestinian Americans Sue State Department for Failing to Evacuate Family Members in Gaza | Baaghi TV

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It is pertinent to note that since October 7, thousands of Palestinians have been killed in Israeli strikes. According to the Gaza Health Ministry, 8,800 Palestinians including women, children, and the vulnerable have been killed. On the other hand, 1,400 Israelis reportedly died in the Hamas attack on October 7.

Arguing her case for the repatriation of Palestinian American citizens in the Gaza Strip, Kari said: “We are simply asking the federal court to compel the Biden administration to do what it’s already done for a class of citizens”. This is in regard to evacuations of US citizens from Israel carried out with immediacy. Kari is reportedly one of forty attorneys working on pro bono lawsuits in lieu of the equal protection clause of the Constitution.

Of the eighteen states where similar lawsuits have been filed, Michigan was the first in the eastern district to come forward with a lawsuit, stating: “If our government can remove US citizens under attack in Israel from missiles Hamas launches into Israel, surely it owes Palestinian-Americans the very same protections from the indiscriminate bombing of its ally, Israel, using munitions paid for by American taxpayers.” The statement further read, “Surely ‘unqualified support’ for Israel cannot come at the expense of American blood”.

Palestinian Americans Sue State Department for Failing to Evacuate Family Members in Gaza | Baaghi TV

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According to USA Today reports, US citizens stranded in Israel have been provided with chartered flights and a Royal Caribbean cruise ship for evacuation. Meanwhile, citizens in Gaza have been repeatedly told to go to the Rafah crossing and wait for evacuation which has not happened. Although the Rafah Crossing is operated by Hamas and Egypt, Israel has been known to determine who or what enters or exits from the territory. On Wednesday, Reuters reported that Israel and Egypt had reached an agreement approving a list of foreign passport holders expected to cross into Egypt.

Among those worried for their families in Gaza is Nabil Alshurafa, a medical researcher in Chicago who filed a lawsuit in California, he said that his mother was waiting at the Rafah crossing when an Israeli airstrike hit nearby on October 10. Alshurufa said: “I feel betrayed and deserted by my president, by the state department”. His mother, 66, was reportedly visiting her ailing mother in Gaza when the war broke out.

On the one hand, the State Department has not confirmed the number of US citizens possibly exiting Gaza. On the other, Secretary of State, Antony Blinken on Tuesday said that 400 US citizens alongside families were hoping to leave the Gaza Strip as confirmed by ABC News. However, news agencies have estimated nearly 500 to 600 people are expected to enter Egypt from Gaza.