The decision by Israeli authorities to routinely turn away US and other foreign nationals of Palestinian and Arab descent has sparked concerns among activists who fear that Israel's admission into the US Visa Waiver Program (VWP) will create a tier of "second-class US citizens".

While the Biden administration has been pushing for Israel's entry into the program, Palestinian and Arab-American activists are skeptical that Israel will uphold its commitments to offer all US citizens visa-free travel into Israel and the occupied West Bank.

The VWP, established in 1986, allows citizens of 40 countries, largely from Europe, to travel to the US without a visa for up to 90 days. In return, those countries must permit US citizens to travel to their countries without a visa for a similar length of time. Reciprocity is a key element of the program, and US officials emphasize that "blue is blue", referring to the privileges granted to American passport holders.

However, even if Israel's admission is implemented as intended, experts argue that it could still potentially violate the US Constitution's requirement of equal treatment under the law. Advocates point to a security exception in the memorandum of understanding signed between the US and Israel, which raises concerns that Israel may abuse its power to target Palestinian rights supporters.

Furthermore, the memorandum does not grant Americans the right to enter or exit the Gaza Strip, effectively sanctioning the indefinite closure of the area. This has raised questions about whether the US is overlooking the reality of who controls the territory and creating different categories of people within the VWP.

Israel also has a law prohibiting entry to people who publicly call for boycotting the country, but it is unclear if those regulations would be suspended for US citizens if Israel joins the VWP. In the past, Israel has denied entry to Americans and Westerners of Palestinian and Arab descent, as well as activists who have spoken out against Israeli policies towards Palestinians.

Palestinian Americans have expressed concerns that Israeli authorities will continue to abuse them even if Israel is admitted into the program. Many have complained of prolonged interrogations and detention at Israeli airports and land crossings.

As a result, activists argue that rewarding Israel with visa-free travel would only perpetuate decades of abuse against US citizens. The Biden administration has not provided many details about what Israel's admission into the VWP would mean for travel to Gaza, movement within the West Bank, and the treatment of US citizens residing in Palestine.

However, the State Department has emphasized that reciprocity will be enforced, and that it will monitor Israel's compliance until a final decision is made in September.