Nine Palestinian Americans have filed a lawsuit against the US government and accused it of failing to rescue them or members of their families who were trapped in Gaza.
The lawsuit alleges that the US State Department discriminated against Americans of Palestinian background by abandoning them in a war zone and not promptly helping to evacuate them in the same way it would for Americans of different backgrounds.
Palestinian families also sued the US State Department on Tuesday over the government's support for Israel's military.
A US State Department spokesperson said the department did not comment on pending litigation while adding the that safety and security of American citizens around the world was a "top priority."
The Council on American Islamic Relations advocacy group and attorney Maria Kari announced the lawsuit had been filed in the US District Court for the Northern District of Illinois on Thursday local time.
The lawsuit names US President Joe Biden, Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin as defendants.
It accuses the trio, on behalf of the US government, of violating the nine Palestinian Americans' right to equal protection under the US constitution by depriving them "of the normal and typical evacuation efforts the federal government extends to Americans who are not Palestinians".
The nine Palestinian Americans named in the lawsuit are Khalid Mourtaga, Salsabeel Elhelou, Sahar Harara, Sawsan Kahil, Marow Abushharia, Mohanad Alnajjar, Mariam Alrayes, Heba Enayeh and Samia Abualreesh.
They are all legal citizens, permanent residents and have relatives in the United States, and filed the lawsuit on behalf of themselves of family members who are still in Gaza.
"Since the onset of regional hostilities, Defendants have consistently prioritized evacuation support for similarly situated groups," legal documents filed with the US District Court said.
"First arranging the expedited evacuation of Israeli Americans and their immediate relatives in October 2023 and subsequently offering evacuation assistance to Lebanese Americans and their immediate relatives, beginning in September 2024.
"Defendants' failure to extend similar evacuation efforts to Palestinian Americans has created a two-tier system sending a clear signal about the prioritization of its citizens, effectively endorsing discriminatory policies that disproportionately disadvantage Palestinian Americans."
The lawsuit also mentions comparable instances of the US government evacuating its citizens from other conflict zones such as in Afghanistan in 2021, Lebanon in 2006, Sudan in 2023 and Libya in 2011.
The legal documents allege that the US government created an expedited process for Israeli Americans to be evacuated from Israel after the October 7 attack, but Americans in Gaza were not given the same option.
"The law requires the U.S. government to protect Americans wherever they may be," Ms Kari said in a statement.
"With every passing day, the danger of our clients dying from Israeli bombardment or the starvation and disease now rampant in Gaza only goes up.
"The State Department must do the right thing and save these people from certain death."
The latest advisory issued by the US State Department to Americans who are currently in or looking to travel to Gaza was published on December 4.
It advises Americans to "do not travel [to Gaza] due to terrorism and armed conflict" and says "the U.S. government is unable to provide routine or emergency consular services to U.S. citizens in Gaza as U.S. government employees are prohibited from traveling there".
Prior to the October 7 attack, the State Department had issued a travel advisory for Gaza on October 3, 2023 which also warned Americans not to travel there and alerted them to the lack of "routine or emergency services to U.S. citizens".
"If you decide to travel to Gaza be prepared for an indefinite stay as the crossings between Gaza with Israel and Egypt can close without advance notice and for long periods during times of unrest and armed conflict," the October 3 advisory said.
"Have a plan for entering and departing Gaza that does not rely on U.S. government assistance."
Israel's conflict with Hamas in Gaza has killed more than 45,000 people, according to the Gaza Health Ministry, and sparked accusations of genocide and war crimes that Israel denies.
The latest conflict was triggered on October 7, 2023, when Hamas militants attacked Israel, killing 1,200 and taking about 250 hostages, according to Israeli tallies.
The nine Palestinian Americans in the lawsuit are looking for a declaration to be made by the court that the US government failed to fulfil their constitutional duty to protect and evacuate them from Gaza, for an immediate evacuation to be ordered and for legal costs to be paid.
ABC/Reuters
