Trump Admin Reverses US Position on UNRWA's Legal Immunity

The Trump administration has reversed the longstanding U.S. position that the United Nations Relief and Works Agency for Palestinian Refugees (UNRWA) is immune from lawsuits. This policy shift was revealed in a Justice Department letter filed in federal court in New York on Thursday, related to a lawsuit by families of victims of the October 7, 2023 Hamas attack on Israel. The lawsuit alleges UNRWA aided Hamas by allowing weapons storage in its facilities and employing Hamas members, claims the agency has called "absurd."

The Justice Department acknowledged its previous position had been that UNRWA was shielded from litigation but stated it "has since reevaluated that position." The letter, signed by Manhattan U.S. Attorney Jay Clayton and Acting Assistant Attorney General Yaakov Roth, asserts that UNRWA "is not immune from this litigation" and must answer allegations in American courts. This reversal follows Israeli allegations that some UNRWA staff participated in the Hamas attack, though UNRWA maintains it fired nine staffers after an internal investigation.

UNRWA spokesperson Juliet Touma responded that the decision reverses the U.S. government's "longstanding recognition that UNRWA is a subsidiary body of the General Assembly and an integral part of the United Nations, entitled to immunity from legal process." The agency indicated it would continue to make its case before the court and consider whether other actions might be appropriate. UNRWA has operated since 1949, providing aid and services to approximately 5.5 million Palestinian refugees across Gaza, the West Bank, East Jerusalem, Syria, Jordan, and Lebanon.

The policy change underscores the Trump administration's hardened stance toward UNRWA following Israeli allegations about the agency's staff. Israel claimed that 19 out of UNRWA's approximately 13,000 staff in Gaza participated in the Hamas attack that killed about 1,200 people and triggered the war in Gaza. Israel later alleged about 100 other Palestinians in Gaza were Hamas members, though according to the article, no evidence was provided to the United Nations to substantiate these additional claims.

UNRWA has served as the main humanitarian lifeline for Gaza's population during the Israel-Hamas war. The agency was established by the UN General Assembly to provide relief for Palestinians who fled or were expelled from their homes during the 1948 Arab-Israeli war and their descendants. The lawsuit against UNRWA represents a significant legal challenge to the organization's operations and status, with potential implications for its ability to continue providing humanitarian assistance in the region.