Kahane May Be Denied Entry to the U.S. when He Arrives to Attend Court Hearing on His Suit Against S

Rabbi Meir Kahane, leader of the extremist Kach Party in Israel, may be denied entry to the U.S. if he arrives in New York, as scheduled Thursday morning to attend a court hearing in connection with his suit against the State Department over loss of citizenship.

Kahane was stripped of his American citizenship on October 4 on grounds that he had “expatriated himself” by accepting a seat in the Knesset last year. State Department deputy spokesman Charles Redman said today that Kahane would have to apply for a visa to gain admission to the U.S.

He would not speculate on the outcome of such application, noting that they are handled on a case-by-case basis.

The Brooklyn-born rabbi who immigrated to Israel 16 years ago but retained dual citizenship, was served with a “certificate of loss of nationality” by the U.S. Consulate in Israel. Redman explained that in such cases a person may sue or appeal to the State Department’s Board of Public Review.

ACLU FILES SUIT ON BEHALF OF KAHANE

A suit was filed in U.S. District Court in Brooklyn by the American Civil Liberties Union (ACLU) acting on behalf of Kahane. The suit contends that the government has no authority to strip citizenship from persons born in the U.S. without their consent, even if they hold office in foreign countries.

U.S. District Court Judge Leo Glasser is scheduled to hear arguments Friday on a motion for a temporary stay on the government’s action in order to allow Kahane to enter the U.S. on his passport while the court considers his case. Kahane was offered a “certificate of identity” by the U.S. Consulate in Israel which would allow him to be considered for admission. He would first have to surrender his passport, which Kahane refused to do.

His suit relies on a 1980 ruling on a case by the U.S. Supreme Court that the government must prove “specific intent” to give up citizenship before it can declare “loss of nationality.” Kahane contends his acceptance of a Knesset seat did not imply such intent on his part.

The State Department said it has been reviewing Kahane’s status since he became a Knesset member on August 13, 1984. According to James Callahan, a Department spokesman, Kahane’s loss of citizenship was sealed when he told a National Press Club audience in Washington on September 12 that the only reason he retained his American citizenship was to avoid the inconvenience of applying for a visa everytime he wanted to visit the U.S.