A Jerusalem, Israel, Passport?
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
President Trump is signalling that tomorrow he will recognize Jerusalem as the capital of Israel, even while continuing to waive the requirement legislated by Congress that he move the American embassy itself to Jerusalem from Tel Aviv. Whether any of this will actually happen, it’s hard to judge. If it does happen, what’s next?
The first thing we’d like to see is the long-overdue issuance to Menachem Binyamin Zivotofsky of a United States passport listing his birthplace as Israel. Mr. Zivotofsky was born to American parents 15 years ago at Jerusalem, which is listed as his place of birth on his passport and birth certificate.
Mr. Zivotofsky, via his parents, sought enforcement of a law, passed in 2002, that said any American born in Jerusalem could have a passport and consular birth certificate saying that he was born in Israel. Our congress passed that law by an overwhelming vote. The United States Senate was unanimous.
Yet, in a shocking development, Presidents Bush and Obama refused to enforce the law. Three times Mr. Zivotofsky went to the Supreme Court. On the third time, he lost six to three, with the court ruling, basically, that only the president, to whom the Constitution grants the power to receive foreign ministers, has authority over the passport.
So that left Mr. Zivotofsky at the mercy of Presidents Obama and Bush, one of the few moments that, in our view, Mr. Bush lacked for solidarity with Israel in her struggle for full recognition. All the more dramatic the clarity of President Trump’s promise during the campaign that he would move the American embassy to Jerusalem.
While the administration is signaling that Mr. Trump will stop short of moving the embassy at the moment, he will recognize Jerusalem as the capital of Israel. What logic is left, then, for the continued denial to Mr. Zivotofsky of the passport his parents and he have so long — from practically the day he was born — and so heroically sought?
We can see none. Mr. Zivotofsky’s opponents have argued for years that Congress should be out of the picture and the matter left to the president. By tomorrow we may have a president who recognizes Jerusalem in fact and in law as the capital of the Jewish State. Mr. Trump would have the Congress and Supreme Court behind him and America will, finally, have spoken.