Imagine three American Jews participating in their cultural heritage: one American Jew buys an apartment in Jerusalem’s Old City, and hires an Israeli contractor to repair the roof and renovate the kitchen. Another American contributes to archaeological excavations uncovering ancient Jewish Jerusalem, say in Ir David. A third donates to rebuilding a synagogue destroyed by the Jordanians in 1948.
Under legislation sponsored by 54 congressional Democrats, each may face federal prosecution, a million-dollar fine or even 20 years in prison.
Congressman Joaquin Castro’s Stop the Settlements Act, H.R. 10642, reaches far beyond stopping new Israeli housing construction in disputed territories. It authorizes sanctions against foreign persons involved in the financing, planning, construction, expansion or maintenance of Israeli settlements or outposts, subject to certain determinations.
This is not legislation targeting building a new neighborhood in the middle of the West Bank. It targets even maintaining what already exists, even in cities with thousands of years of Jewish history and presence. Democrats in Congress have chosen language broad enough to raise questions about the ordinary upkeep of Jewish communities.
The bill repeatedly refers to “settlements” in the “West Bank and Gaza.” It never explicitly states whether eastern Jerusalem including the Old City is included.
Palestinians claim “East Jerusalem,” part of a divided city that existed as a result of the 1948-9 war, which lasted for 18 years until 1967, as part of their future state. Israel considers united Jerusalem its capital, including the Old City.
Congress knows these competing positions. Congress knows that the Jewish Quarter contains homes and synagogues predating Israel’s establishment in 1948. Yet 54 Democrats have attached their names to legislation without clarifying whether these historic Jewish neighborhoods fall within its reach. Deliberately.
Consider the consequences. A future Democratic president may decide to state that “East Jerusalem” actually exists and that it is part of the West Bank. The activities described above become a crime.
An American buys an apartment in the Jewish Quarter, where Jews lived for centuries before Jordan expelled its Jewish residents in 1948. He hires an Israeli company to restore the property. If an American administration classifies the Old City as a settlement (at least, any location where a Jew buys land) and sanctions that company for its broader construction or maintenance activities, paying the contractor could become a federal offense.
Now consider Ir David, the City of David, where archaeological excavations uncover the streets, structures and artifacts of ancient Jerusalem. An American donor might contribute money to uncover archaeological remains. But if the recipient organization were sanctioned, that donation could become prohibited.
The ramification would be to halt Jews from connecting to their past and only enable Arabs to excavate or destroy Jewish history.
Then there is Tiferet Yisrael Synagogue. Built in 1877 in Jerusalem’s Jewish Quarter, the synagogue was destroyed during Jordan’s conquest of the Old City in 1948. Its reconstruction restores a Jewish house of worship that existed generations before Israel recaptured the Old City in 1967.
Could the organization rebuilding it be sanctioned for construction or maintenance in territory an administration considers a settlement? In addition to being obtuse about Jerusalem, the bill contains no express exemption for historic synagogues, religious restoration or Jewish institutions predating 1948.
The legislation invokes the International Emergency Economic Powers Act. Willful violations of applicable prohibitions can carry criminal fines of up to $1 million and imprisonment for up to 20 years. Civil penalties may apply even without criminal intent.
If an administration designates locations in Jerusalem’s Old City, an American could potentially be barred from ordering a handmade menorah or other merchandise produced there for shipment to the United States.
Castro says his legislation is intended to stop settlement expansion and Palestinian dispossession. Yet its language raises questions about the Old City of Jerusalem, the maintenance of existing homes, archaeological preservation, religious reconstruction and ordinary commercial activity.
Despite the language, the self-declared “pro-Israel” group J Street has endorsed it.
Fifty-four Democrats have attached their names to legislation that could reach into the Jewish Quarter of Jerusalem. And the list of Democratic co-sponsors and anti-Israel alt-left Jewish groups supporting it continues to grow.
