Michael Arria
Mondoweiss / January 16, 2025
Palestinians are suing the Biden administration over the failure to evacuate U.S. citizens from Gaza. “I hope that we’ll finally get these people out under Biden’s watch,” says attorney Maria Kari. “This is blood on Biden’s hands.”
A group of Palestinian Americans, either trapped in Gaza or trying to get family members out, are suing the Biden administration over the issue.
The lawsuit notes that the U.S. government is required to protect U.S. citizens and has acted with urgency to remove them from other war zones, such as Sudan, Afghanistan, and Lebanon. After the Hamas attack of October 7, the State Department initiated departure assistance for Israelis wishing to come to the United States. The lawsuit alleges that, through its treatment of Palestinians, the State Department has violated the Fifth Amendment, which guarantees equal protection for citizens and legal residents abroad.
“We have been at this for far longer than I thought, far longer than any of these clients had imagined, attorney Maria Kari, whose law office is representing the plaintiffs, told Mondoweiss. “The loss of dignity and the frustration, hopelessness in these people. It’s hard to even communicate that to you. I’m almost embarrassed of it because I feel so incompetent in my ability to help them, and that’s after knocking on every door you can imagine.”
“I hope that we’ll finally get these people out under Biden’s watch,” she continued. “This is blood on Biden’s hands. Any injury they’ve suffered or loss of life they’ve suffered is on Biden’s hands.”
One of the nine plaintiffs is Khalid Mourtaga, a United States citizen from Oxford, Mississippi, who has lost multiple family members as a result of Israel’s bombings. He was cleared by the U.S. State Department to leave Gaza with his parents in December 2023. However, when they showed up at the crossing, they were told that only his mother’s name was on the list. She refused to leave without the rest of her family.
Mourtaga told Mondoweiss that he wrote to the embassy, House members, Senators, and State Department officials but has yet to see any results. Senators Cory Booker (D-NJ) and Tammy Duckworth (D-IL) have attempted to assist, but the State Department has yet to act.
“Before the Rafah entrance was closed, they said they have no control over the entrance,” says Mourtaga. “After the closure of the Rafah entrance, their excuse is that they can’t do anything.”
Kari notes that Senator Cindy Hyde-Smith (R-MS) represents Mississippi but has been, “consistently unhelpful from the get-go and stopped to responding to us many months ago.”
Another plaintiff, Salsabeel ElHelou, is a mother of three children, Ayham (7 years old), Banan (12 years old) and Almotasem (15 years old) When the Israeli assault on Gaza began, she and her husband made the decision to separate as a family in the hopes that at least one parent would be able to escape their home in Northern Gaza with the kids.
In March 2024, ElHelou, Ayham, and Banan ended up on the crossing list, but Almotasem did not. The family remained in Gaza to avoid separating the children. In August, Almotasem suffered severe injuries from an Israeli airstrike, leaving him with untreated wounds, a crippled leg, and a maimed arm. All of the children have developed infections from unclean water and lost teeth as a result of malnutrition.
“Salsabeel currently wakes daily to see if her children are still breathing and is currently experiencing debilitating mental anguish and distress worsened by the United States government’s lack of responsiveness to their repeated attempts to escape Gaza,” notes the lawsuit.
“The circumstances are extremely harsh and unfit for any human to live in during this war,” ElHelou told Mondoweiss. “The suffering is immense and varied, with no security or safety. Bombing is continuous and widespread, and there is severe lack of adequate food.”
With Israel and Hamas just having agreed to a ceasefire agreement, Kari is hoping that the Biden administration is able to take action in the closing days of the administration.
“As far as the lawsuit is concerned we are proceeding as if nothing has changed,” she says. “Ceasefire or no ceasefire, my clients are still in a lot of danger. One of them just told me moments ago that the bombing continues. Even if the ceasefire sticks, the border crossings don’t begin until Phase 2. America needs to act sooner than that.”
Michael Arria is Mondoweiss’ U.S. correspondent
