In a desperate bid to rescue their loved ones trapped in the war-ravaged Gaza Strip, Palestinian Americans have filed multiple lawsuits against the US State Department. The legal action comes after weeks of futile attempts to secure the safe passage of American citizens amid the heavy bombardment carried out by Israel since Hamas's attacks on 7 October, as reported by The Guardian.

According to the Arab American Civil Rights League, nearly a dozen lawsuits have already been filed or are in the process of being filed against the US State Department. Immigration attorney Maria Kari, who is involved in three of these lawsuits in California and Texas, expressed her concerns, stating, "It's a matter of time until I hear that a client of mine has been killed. I've never raced against the clock to file a lawsuit because it was life and death."

There was a glimmer of hope on Wednesday when an agreement was reached between Israel, Hamas, Egypt, Qatar, and the US to partially open the Rafah crossing on the Gaza-Egypt border. This led to some dual nationals and severely injured residents being able to leave the strife-torn region. However, it remains unclear whether any US citizens have successfully exited. US Vice President Joe Biden acknowledged the situation, saying, "We expect American citizens to exit today, and we expect to see more depart over the coming days."

Despite this development, attorney Maria Kari is determined to continue her legal actions until all of her clients are safely out of Gaza. The death toll in the region has reached a staggering number, with nearly 8,800 Palestinians being killed in Israeli strikes, as reported by the health ministry in Gaza. Additionally, around 1,400 Israelis lost their lives in the Hamas attacks of 7 October.

A total of 40 attorneys across 18 states are working pro bono to file these lawsuits based on the equal protection clause of the US Constitution. They argue that their clients have experienced differential treatment in repatriation efforts compared to US citizens evacuated from Israel. Their aim is to compel the Biden administration to ensure that Palestinian-Americans receive the same protections as citizens in Israel during times of conflict.

The ongoing legal battle began with the filing of the first lawsuit in the eastern district of Michigan on 17 October. It muses, "If our government can remove US citizens under attack in Israel from missiles Hamas launches into Israel, surely it owes Palestinian-Americans the very same protections from the indiscriminate bombing of its ally, Israel, using munitions paid for by American taxpayers. Surely 'unqualified support' for Israel cannot come at the expense of American blood."

While Americans in Israel have been provided with chartered flights and a Royal Caribbean cruise ship for evacuation, those in Gaza have been given contradictory instructions and no concrete plans for repatriation. Israeli and Egyptian authorities, along with Hamas, operate the Rafah crossing, making it difficult for US citizens to secure safe passage. Reportedly, Israel and Egypt have approved a list of foreign passport holders expected to cross into Egypt in the coming days.

Nabil Alshurafa, a medical researcher in Chicago, expressed his disappointment and frustration, stating, "I feel betrayed and deserted by my president, by the State Department." Alshurafa's mother was at the Rafah crossing when an Israeli airstrike struck nearby on 10 October, adding to his anguish.

The exact number of US citizens currently in Gaza remains uncertain, as the State Department has not confirmed the figure. However, various news reports estimate that the number ranges between 500 and 600. US Secretary of State Antony Blinken noted on Tuesday that 400 US citizens and their families were seeking to leave.

In response to the situation, a spokesperson from the US embassy said, "We continue to work urgently in partnership with Egypt, the United Nations, and Israel to facilitate the ability of US citizens and their immediate family members to exit Gaza safely and travel via Egypt to their final destinations."

The legal battle raises questions about the legal obligations of the US government towards its citizens abroad. According to Kal Raustiala, a law professor at the University of California, Los Angeles, there is no clear legal duty to protect or repatriate American citizens under international law. However, he emphasized that countries typically have political and moral incentives to ensure the safety of their citizens abroad, adding that this is one of the primary reasons for the presence of embassies and consular officials worldwide.

As the legal battle unfolds, the fate of the stranded Palestinian-Americans and their families hangs in the balance, with hopes pinned on the success of the lawsuits to compel the Biden administration to take swift action.