Jewish Perspectives on Refugees

(לג) וְכִֽי־יָג֧וּר אִתְּךָ֛ גֵּ֖ר בְּאַרְצְכֶ֑ם לֹ֥א תוֹנ֖וּ אֹתֽוֹ׃ (לד) כְּאֶזְרָ֣ח מִכֶּם֩ יִהְיֶ֨ה לָכֶ֜ם הַגֵּ֣ר ׀ הַגָּ֣ר אִתְּכֶ֗ם וְאָהַבְתָּ֥ לוֹ֙ כָּמ֔וֹךָ כִּֽי־גֵרִ֥ים הֱיִיתֶ֖ם בְּאֶ֣רֶץ מִצְרָ֑יִם אֲנִ֖י יְהוָ֥ה אֱלֹהֵיכֶֽם׃

(33) When a stranger resides with you in your land, you shall not wrong him. The stranger who resides with you shall be to you as one of your citizens; you shall love him as yourself, for you were strangers in the Land of Egypt: I am the LORD your God.

This is one of 36 separate times in Tanakh that we are obligated to care for the ger ("stranger," "migrant," "resident alien") in our society.

אמר רב הונא בריה דרב יהושע פשיטא לי בר מתא אבר מתא אחריתי מצי מעכב ואי שייך בכרגא דהכא לא מצי מעכב

Rav Huna the son of Rav Yehoshua said: It is quite clear to me that the residents of one town can prevent the resident of another town [from setting up in competition in this town], but not, however, if he pays poll taxes to that town.

Over the last millennium, many Jewish communities from 1100 to the early 1900s

developed a controversial (even within their own communities) system of immigration regulation known as Herem Hayishuv (a “ban on joining a community settlement”). The Herem Hayishuv was a prohibition against non-residents migrating to an established community without the formal permission (usually but not always the unanimous consent) of that community. It was intended to limit immigration commensurate to a community's economic ability to absorb newcomers.

This Talmudic text serves as the prooftext enabling the Herem.

The Herem Hayyishub was operative in Germany, Northern France, England, Italy, Bohemia and in other Eastern European countries. It did not exist in Spain, nor did every Jewish community in the former countries possess it.

To what degree do you think economic or other (e.g. security) concerns limit American or Israeli immigration policy?

Halakha

(י) פִּדְיוֹן שְׁבוּיִים קוֹדֵם לְפַרְנָסַת עֲנִיִּים וְלִכְסוּתָן. וְאֵין לְךָ מִצְוָה גְּדוֹלָה כְּפִדְיוֹן שְׁבוּיִים שֶׁהַשָּׁבוּי הֲרֵי הוּא בִּכְלַל הָרְעֵבִים וְהַצְּמֵאִים וַעֲרוּמִּים וְעוֹמֵד בְּסַכָּנַת נְפָשׁוֹת. וְהַמַּעֲלִים עֵינָיו מִפִּדְיוֹנוֹ הֲרֵי זֶה עוֹבֵר עַל (דברים טו-ז) "לֹא תְאַמֵּץ אֶת לְבָבְךָ וְלֹא תִקְפֹּץ אֶת יָדְךָ" וְעַל (ויקרא יט-טז) "לֹא תַעֲמֹד עַל דַּם רֵעֶךָ" וְעַל (ויקרא כה-נג) "לֹא יִרְדֶּנּוּ בְּפֶרֶךְ לְעֵינֶיךָ". וּבִטֵּל מִצְוַת (דברים טו-ח) (דברים טו-יא) "פָתֹחַ תִּפְתַּח אֶת יָדְךָ לוֹ". וּמִצְוַת (ויקרא כה-לו) "וְחֵי אָחִיךָ עִמָּךְ". (ויקרא יט-יח) "וְאָהַבְתָּ לְרֵעֲךָ כָּמוֹךָ". (משלי כד-יא) "וְהַצֵּל לְקֻחִים לַמָּוֶת" וְהַרְבֵּה דְּבָרִים כָּאֵלּוּ. וְאֵין לְךָ מִצְוָה רַבָּה כְּפִדְיוֹן שְׁבוּיִים:

(10) Redeeming captives takes precedence over feeding and clothing the poor. And there is no commandment as great as redeeming captives, for a captive is among the hungry, thirsty, naked, and is in mortal danger. And one who averts one eyes from redeeming him/her violates, "You shall not harden your heart, and you shall not shut your hand," and, "Do not stand by your brother's blood," and "You shall not work him with hard labor before your eyes," and has neglected the commandment, "You shall surely open your hand to him," and the commandment, "And your brother shall live with you," "And you shall love your fellow as yourself," "Save those who are take to death," and many like these. And there is no great commandment like redemption of captives.

1. Are today's global refugees sufficiently analogous to captives in need of redemption? Where are there similarities or differences in your view?

2. Why is redeeming captives, in your mind, more important than feeding or clothing the poor? Does your explanation help clarify whether today's refugees fall within the definition of captives who should be redeemed? Consider the following contemporary reflection on the Middle East refugee crisis.

On the Refugee Crisis by Rabbi Sir Jonathan Sacks

You would have to be less than human not to be moved by images of the refugee crisis threatening to overwhelm Europe: the scenes in Budapest, the 71 bodies found in the abandoned lorry in Austria, the 200 people drowned when their boat capsized off the coast in Libya and, most heartbreaking of all, the body of three-year-old Aylan Kurdi, lifeless on a Turkish shore: an image that will linger long in the mind as a symbol of a world gone mad.

This is the greatest humanitarian challenge faced by Europe in decades. Angela Merkel was not wrong when she said: “If Europe fails on the question of refugees, its close connection with universal civil rights will be destroyed.”

The influx of refugees overwhelming parts of Europe is a massive crisis, but it is at just such times that it is worth remembering that the Chinese ideogram for “crisis” also means “opportunity”. Now is a unique opportunity to show that the ideals for which the European Union and other international bodies such as the United Nations were formed are still compelling, compassionate and humane.

Many of the conventions and protocols establishing legal rights for refugees emerged in the aftermath of the second world war, as did the Universal Declaration of Human Rights. One of the dark moments in that history occurred in July 1938, when representatives of 32 countries gathered in the French spa town of Evian to discuss the humanitarian disaster that everyone knew was about to overtake the Jews of Europe wherever Hitler’s Germany held sway. Jews were desperate to leave. They knew their lives were at risk and so did the politicians and aid agencies at the conference. Yet country after country shut its doors. Nation after nation in effect said it wasn’t their problem.

At such times, even small humanitarian gestures can light a flame of hope. That is what happened in Kindertransport, the initiative that saw 10,000 Jewish children rescued from Nazi Germany. Half a century later, I came to know many of those who had been rescued. They loved Britain and sought richly to contribute to it. I and many other Jews of my generation grew up with that love, knowing that without Britain’s willingness to provide our parents and grandparents with refuge, they would have died and we would not have been born. As long as human history is told, these acts of humanitarianism will stand as a triumph of the spirit over political expediency and moral indifference.

Sixty years after Kindertransport, a gathering took place in London of more than 1,000 of those who had been rescued. It was a highly emotional day as one after another told their stories. But the speech that had us all in tears was not from one of the rescued children but from the late Lord Attenborough, whose family were among the rescuers.

He spoke of how his parents summoned their three boys and told them they wanted to adopt two young Jewish girls from Germany, Helga and Irene. They explained the sacrifices they would all have to make. They would now be a family of seven rather than five, which meant that they would have to share more widely, and that, they said, included their love, because “you have us, but they have nobody”. The boys agreed and the two girls became part of their family. As he told this story, Lord Attenborough wept and said that was the most important day of his life. Suddenly, we realised that it is the sacrifices we make for the sake of high ideals that make us great and that applies to nations as well as individuals.

Even in the best-case scenario, Europe alone cannot solve the problems of which the refugees are the victims. The conflicts that have brought chaos to the Middle East continue to defy any obvious solution. Every option that has been tried has seemed to fail: military intervention in Afghanistan and Iraq, no-fly zones in Libya and non-intervention in Syria. None has put out the smouldering fires of unrest, religious and ethnic discord and civil war. It is all too easy to say that this is not our problem and, besides, it is happening a long way away.

Yet nothing in our interconnected world is a long way away. Everything that could go global does go global, from terror to religious extremism to websites preaching paranoia and hate. Never before have John Donne’s words rung more true: “Any man’s death diminishes me, because I am involved in mankind.” Therefore, “never send to know for whom the bell tolls; it tolls for thee”.

A strong humanitarian response on the part of Europe and the international community could achieve what military intervention and political negotiation have failed to achieve. This would constitute the clearest evidence that the European experience of two world wars and the Holocaust have taught that free societies, where people of all faiths and ethnicities make space for one another, are the only way to honour our shared humanity, whether we conceive that humanity in secular or religious terms. Fail this and we will have failed one of the fundamental tests of humanity.

I used to think that the most important line in the Bible was “Love your neighbour as yourself”. Then I realised that it is easy to love your neighbour because he or she is usually quite like yourself. What is hard is to love the stranger, one whose colour, culture or creed is different from yours. That is why the command, “Love the stranger because you were once strangers”, resonates so often throughout the Bible. It is summoning us now. A bold act of collective generosity will show that the world, particularly Europe, has learned the lesson of its own dark past and is willing to take a global lead in building a more hopeful future. Wars that cannot be won by weapons can sometimes be won by the sheer power of acts of humanitarian generosity to inspire the young to choose the way of peace instead of holy war.

We know that we are all products of immigration to the U.S. But for those of us whose families have been here for a few generations already, and feel fully acculturated, how can we develop a sense of understanding and empathy about the immigrant/refugee/marginalized alien experience? Is this following source helpful?

(יג) שִֽׁמְעָ֥ה־תְפִלָּתִ֨י ׀ יי וְשַׁוְעָתִ֨י ׀ הַאֲזִינָה֮ אֶֽל־דִּמְעָתִ֗י אַֽל־תֶּ֫חֱרַ֥שׁ כִּ֤י גֵ֣ר אָנֹכִ֣י עִמָּ֑ךְ תּ֝וֹשָׁ֗ב כְּכָל־אֲבוֹתָֽי׃

(13) Hear my prayer, O LORD; give ear to my cry; do not disregard my tears; for like all my forebears I am an immigrant, resident with You.

(א) כִּֽי־יַכְרִ֞ית יְהוָ֤ה אֱלֹהֶ֙יךָ֙ אֶת־הַגּוֹיִ֔ם אֲשֶׁר֙ יְהוָ֣ה אֱלֹהֶ֔יךָ נֹתֵ֥ן לְךָ֖ אֶת־אַרְצָ֑ם וִֽירִשְׁתָּ֕ם וְיָשַׁבְתָּ֥ בְעָרֵיהֶ֖ם וּבְבָתֵּיהֶֽם׃ (ב) שָׁל֥וֹשׁ עָרִ֖ים תַּבְדִּ֣יל לָ֑ךְ בְּת֣וֹךְ אַרְצְךָ֔ אֲשֶׁר֙ יְהוָ֣ה אֱלֹהֶ֔יךָ נֹתֵ֥ן לְךָ֖ לְרִשְׁתָּֽהּ׃ (ג) תָּכִ֣ין לְךָ֮ הַדֶּרֶךְ֒ וְשִׁלַּשְׁתָּ֙ אֶת־גְּב֣וּל אַרְצְךָ֔ אֲשֶׁ֥ר יַנְחִֽילְךָ֖ יְהוָ֣ה אֱלֹהֶ֑יךָ וְהָיָ֕ה לָנ֥וּס שָׁ֖מָּה כָּל־רֹצֵֽחַ׃ (ד) וְזֶה֙ דְּבַ֣ר הָרֹצֵ֔חַ אֲשֶׁר־יָנ֥וּס שָׁ֖מָּה וָחָ֑י אֲשֶׁ֨ר יַכֶּ֤ה אֶת־רֵעֵ֙הוּ֙ בִּבְלִי־דַ֔עַת וְה֛וּא לֹא־שֹׂנֵ֥א ל֖וֹ מִתְּמֹ֥ל שִׁלְשֹֽׁם׃
(1) When the LORD your God has cut down the nations whose land the LORD your God is assigning to you, and you have dispossessed them and settled in their towns and homes, (2) you shall set aside three cities in the land that the LORD your God is giving you to possess. (3) You shall survey the distances, and divide into three parts the territory of the country that the LORD your God has allotted to you, so that any manslayer may have a place to flee to.— (4) Now this is the case of the manslayer who may flee there and live: one who has killed another unwittingly, without having been his enemy in the past.

Biblical Cities of Refuge were locations for people who had accidentally killed someone to flee to where they could be free from external threats to their wellbeing.

Do you see Cities of Refuge as analogous to "Sanctuary Cities?" According to one source, "sanctuary city" is a broad term applied to jurisdictions that have policies in place designed to limit cooperation with or involvement in federal immigration enforcement actions. Cities, counties and some states have a range of informal policies as well as actual laws that qualify as "sanctuary" positions. Most of the policies center around not cooperating with federal law enforcement on immigration policies. Many of the largest cities in the country have forms of such policies.

In 2015, more than 200 state and local jurisdictions did not honor requests from Immigration and Customs Enforcement to detain individuals. http://www.cnn.com/2017/01/25/politics/sanctuary-cities-explained/
Why do you think there are no Cities of Refuge today, even in Israel where many biblical practices have been resumed?

The next two sources provide historical background on arguably the two most painful, violent, and horrific periods in Jewish history where Jews experienced acutely what it meant to be refugees: the Spanish Expulsion of 1492 and the Holocaust.

The Spanish Expulsion

Jewish Literacy by Joseph Telushkin

In the same month in which their Majesties [Ferdinand and Isabella] issued the edict that all Jews should be driven out of the kingdom and its territories, in the same month they gave me the order to undertake with sufficient men my expedition of discovery to the Indies." So begins Christopher Columbus's diary. The expulsion that Columbus refers to was so cataclysmic an event that ever since, the date 1492 has been almost as important in Jewish history as in American history. On July 30 of that year, the entire Jewish community, some 200,000 people, were expelled from Spain.

Tens of thousands of refugees died while trying to reach safety. In some instances, Spanish ship captains charged Jewish passengers exorbitant sums, then dumped them overboard in the middle of the ocean. In the last days before the expulsion, rumors spread throughout Spain that the fleeing refugees had swallowed gold and diamonds, and many Jews were knifed to death by brigands hoping to find treasures in their stomachs.

The Jews' expulsion had been the pet project of the Spanish Inquisition, headed by Father Tomas de Torquemada. Torquemada believed that as long as the Jews remained in Spain, they would influence the tens of thousands of recent Jewish converts to Christianity to continue practicing Judaism. Ferdinand and Isabella rejected Torquemada's demand that the Jews be expelled until January 1492, when the Spanish Army defeated Muslim forces in Granada, thereby restoring the whole of Spain to Christian rule. With their most important project, the country's unification, accomplished, the king and queen concluded that the Jews were expendable. On March 30, they issued the expulsion decree, the order to take effect in precisely four months. The short time span was a great boon to the rest of Spain, as the Jews were forced to liquidate their homes and businesses at absurdly low prices. Throughout those frantic months, Dominican priests actively encouraged Jews to convert to Christianity and thereby gain salvation both in this world and the next.

The most fortunate of the expelled Jews succeeded in escaping to Turkey. Sultan Bajazet welcomed them warmly. "How can you call Ferdinand of Aragon a wise king," he was fond of asking, "the same Ferdinand who impoverished his own land and enriched ours?" Among the most unfortunate refugees were those who fled to neighboring Portugal. In 1496, King Manuel of Portugal concluded an agreement to marry Isabella, the daughter of Spain's monarchs. As a condition of the marriage, the Spanish royal family insisted that Portugal expel her Jews. King Manuel agreed, although he was reluctant to lose his affluent and accomplished Jewish community.

In the end, only eight Portuguese Jews were actually expelled; tens of thousands of others were forcibly converted to Christianity on pain of death. The chief rabbi, Simon Maimi, was one of those who refused to convert. He was kept buried in earth up to his neck for seven days until he died. In the final analysis, all of these events took place because of the relentless will of one man, Tomas de Torquemada.

The Spanish Jews who ended up in Turkey, North Africa, Italy, and elsewhere throughout Europe and the Arab world, were known as Sephardim — Sefarad being the Hebrew name for Spain. After the expulsion, the Sephardim imposed an informal ban forbidding Jews from ever again living in Spain. Specifically because their earlier sojourn in that country had been so happy, the Jews regarded the expulsion as a terrible betrayal, and have remembered it ever since with particular bitterness. Of the dozens of expulsions directed against Jews throughout their history, the one from Spain remains the most infamous.

The Alhambra Decree was officially overturned on December 16, 1968, at the Second Vatican Council.

VOYAGE OF THE ST. LOUIS

US Holocaust Memorial Museum - http://www.ushmm.org/wlc/en/article.php?ModuleId=10005267

On May 13, 1939, the German transatlantic liner St. Louis sailed from Hamburg, Germany, for Havana, Cuba. On the voyage were 937 passengers. Almost all were Jews fleeing from the Third Reich. Most were German citizens, some were from eastern Europe, and a few were officially "stateless."

The majority of the Jewish passengers had applied for US visas, and had planned to stay in Cuba only until they could enter the United States. But by the time the St. Louis sailed, there were signs that political conditions in Cuba might keep the passengers from landing there. The US State Department in Washington, the US consulate in Havana, some Jewish organizations, and refugee agencies were all aware of the situation. The passengers themselves were not informed; most were compelled to return to Europe...

The voyage of the St. Louis attracted a great deal of media attention. Even before the ship sailed from Hamburg, right-wing Cuban newspapers deplored its impending arrival and demanded that the Cuban government cease admitting Jewish refugees...

Hostility toward immigrants fueled both antisemitism and xenophobia. Both agents of Nazi Germany and indigenous right-wing movements hyped the immigrant issue in their publications and demonstrations, claiming that incoming Jews were Communists.

When the St. Louis arrived in Havana harbor on May 27, the Cuban government admitted 28 passengers: 22 of them were Jewish and had valid US visas; the remaining six—four Spanish citizens and two Cuban nationals—had valid entry documents. One further passenger, after attempting to commit suicide, was evacuated to a hospital in Havana. The remaining 908 passengers (one passenger had died of natural causes en route)—including one non-refugee, a Hungarian Jewish businessman—had been awaiting entry visas and carried only Cuban transit visas issued by Gonzales. 743 had been waiting to receive US visas. The Cuban government refused to admit them or to allow them to disembark from the ship.

After Cuba denied entry to the passengers on the St. Louis, the press throughout Europe and the Americas, including the United States, brought the story to millions of readers throughout the world. Though US newspapers generally portrayed the plight of the passengers with great sympathy, only a few journalists and editors suggested that the refugees be admitted into the United States...

Sailing so close to Florida that they could see the lights of Miami, some passengers on the St. Louis cabled President Franklin D. Roosevelt asking for refuge. Roosevelt never responded. The State Department and the White House had decided not to take extraordinary measures to permit the refugees to enter the United States. A State Department telegram sent to a passenger stated that the passengers must "await their turns on the waiting list and qualify for and obtain immigration visas before they may be admissible into the United States." US diplomats in Havana intervened once more with the Cuban government to admit the passengers on a "humanitarian" basis, but without success.

Quotas established in the US Immigration and Nationality Act of 1924 strictly limited the number of immigrants who could be admitted to the United States each year. In 1939, the annual combined German-Austrian immigration quota was 27,370 and was quickly filled. In fact, there was a waiting list of at least several years. US officials could only have granted visas to the St. Louis passengers by denying them to the thousands of German Jews placed further up on the waiting list. Public opinion in the United States, although ostensibly sympathetic to the plight of refugees and critical of Hitler's policies, continued to favor immigration restrictions. The Great Depression had left millions of people in the United States unemployed and fearful of competition for the scarce few jobs available. It also fueled antisemitism, xenophobia, nativism, and isolationism. A Fortune Magazine poll at the time indicated that 83 percent of Americans opposed relaxing restrictions on immigration. President Roosevelt could have issued an executive order to admit the St. Louis refugees, but this general hostility to immigrants, the gains of isolationist Republicans in the Congressional elections of 1938, and Roosevelt's consideration of running for an unprecedented third term as president were among the political considerations that militated against taking this extraordinary step in an unpopular cause.

Roosevelt was not alone in his reluctance to challenge the mood of the nation on the immigration issue. Three months before the St. Louis sailed, Congressional leaders in both US houses allowed to die in committee a bill sponsored by Senator Robert Wagner (D-N.Y.) and Representative Edith Rogers (R-Mass.). This bill would have admitted 20,000 Jewish children from Germany above the existing quota.

Two smaller ships carrying Jewish refugees sailed to Cuba in May 1939. The French ship, the Flandre, carried 104 passengers; theOrduña, a British vessel, held 72 passengers. Like the St. Louis, these ships were not permitted to dock in Cuba. The Flandre turned back to its point of departure in France, while the Orduña proceeded to a series of Latin American ports. Its passengers finally disembarked in the US-controlled Canal Zone in Panama. The United States eventually admitted most of them.

Following the US government's refusal to permit the passengers to disembark, the St. Louis sailed back to Europe on June 6, 1939. The passengers did not return to Germany, however. Jewish organizations (particularly the Jewish Joint Distribution Committee) negotiated with four European governments to secure entry visas for the passengers: Great Britain took 288 passengers; the Netherlands admitted 181 passengers, Belgium took in 214 passengers; and 224 passengers found at least temporary refuge in France. Of the 288 passengers admitted by Great Britain, all survived World War II save one, who was killed during an air raid in 1940. Of the 620 passengers who returned to continent, 87 (14%) managed to emigrate before the German invasion of Western Europe in May 1940. 532 St. Louis passengers were trapped when Germany conquered Western Europe. Just over half, 278 survived the Holocaust. 254 died: 84 who had been in Belgium; 84 who had found refuge in Holland, and 86 who had been admitted to France.