Arrest by the Immigration Police in Israel: What Can Be Done?
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Any entry into and stay in the State of Israel requires a valid visa issued by the Ministry of Interior, in accordance with the “Entry into Israel Law“. Foreign nationals residing in Israel hold various types of visas, such as those for tourists, students, volunteers, or individuals with temporary or permanent resident status. If a foreign citizen wishes to work in Israel, they must obtain a special work visa. An arrest by the Immigration Police is a significant concern for many foreign nationals in Israel, particularly those whose visas have expired or who failed to submit all the necessary documentation to legalize their stay and right to work.
In most cases, Immigration Police arrests involve asylum seekers, “infiltrators”, undocumented individuals, or foreign workers without valid work permits. These individuals often come to Israel seeking protection, political asylum, or illegal employment opportunities.
However, it is essential to understand that such arrests do not necessarily result in immediate deportation. In some cases, undocumented individuals may be released from detention due to humanitarian considerations or special circumstances. Release from Immigration Authority detention typically involves the deposit of a bank guarantee to the Ministry of Interior.
Residency Permits, Work Permits, and Illegal Presence
Under the “Entry into Israel Law,” any non-Israeli citizen may remain in the country only for a limited number of days, the specified valid period of their visa. If a foreign national enters Israel without a properly arranged and valid residency permit, either obtained in advance or issued by a Border Control Officer upon entry (depending on whether the individual’s nationality requires a pre-issued visitor visa before entering Israel), they are considered to have committed an administrative offense. This offense is classified under the Prevention of Infiltration Law. Undocumented individuals may face detention and, eventually, deportation from Israel or be required to post bail for their release.
Foreign nationals seeking to enter Israel must possess a valid entry and residency visa. If the foreign national also wishes to work in Israel, their employer is required to apply for a work permit, granting the employer the legal right to employ the foreign worker and facilitating the worker’s entry into Israel.
However, Israeli bureaucracy can create obstacles for foreign nationals, leaving them with expired residency or work permits and resulting in them unintentionally violating Israeli law. This can lead to an arrest by the Immigration Police. For example, during the COVID-19 pandemic, asylum seekers encountered difficulties in scheduling appointments to renew their residency permits in Israel.
As a result, the permits for asylum seekers or foreign workers in Israel sometimes expire, placing them in the status of undocumented individuals. This status exposes them to the risk of arrest by Immigration Police officers, who are authorized by the Ministry of Interior to verify the legality of their residency at any time.
Arrest by the Immigration Police: Facing the Border Control Supervisor
An undocumented individual who is arrested is taken into custody, meaning detention in a specialized facility. This is done to prevent them from continuing to reside in Israel illegally without documentation. Both foreign workers and asylum seekers whose visas have expired are at risk of arrest if they fail to regularize their status with the Population and Immigration Authority.
In some cases, the Border Control Supervisor, representing the Population and Immigration Authority, has the authority to release undocumented individuals in custody on bail. For example, this may occur if the supervisor is convinced that a mistake was made during the arrest or in cases where the individual has been detained for more than two months. Alternatively, release may be requested on humanitarian grounds, such as when the undocumented individual’s health condition makes detention untenable.
Detention Review Tribunal in Cases of Illegal Stay
The Detention Review Tribunal is the authority responsible for overseeing detention cases, which is essentially equivalent to arrest for undocumented individuals. This is the body that oversees the detention of those apprehended by the Immigration Police without the required legal documents.
As a democratic state that monitors its institutions and governance mechanisms, Israel has established a system to oversee the detention of asylum seekers. The Detention Review Tribunal is tasked with reviewing each case individually. Just as for regular arrests, where there is a specific timeframe between the arrest and bringing the detainee before a judge, the state has up to 96 hours from the moment an undocumented individual is detained to bring them before a judge for a hearing.
It is important to note that every aspect of the hearing and the determination of the undocumented individual’s fate is meticulously reviewed by the Detention Review Tribunal. The undocumented individual also has legal rights afforded to them by law. In other words, detention and preparation for deportation can still be reversed. Foreign nationals have the right to a hearing before the Detention Review Tribunal and to have their case reviewed in consideration of all circumstances.
Appealing Decisions by the Detention Review Tribunal – Tribunal for Appeals
Decisions made by the Detention Review Tribunal can be appealed before the Tribunal for Appeals under the Entry into Israel Law or before the Administrative District Court in cases involving infiltrators into Israel. It is crucial to act swiftly if intending to appeal a detention or deportation decision. Once the Detention Review Tribunal approves detention and deportation, the Ministry of Interior will proceed with the deportation order as soon as possible. Therefore, it is vital to quickly file an interim order to prevent deportation from the country.
Contact Immigration Law Experts and Asylum Assistance Lawyers
Even those who are not citizens of Israel are entitled to certain rights if detained for illegal residency. However, it is strongly recommended to consult with a legal expert who is well-versed in immigration laws to assess whether there is a chance to overturn the decision.
Undocumented individuals have access to Israel’s legal mechanisms and can utilize the services of an immigration lawyer familiar with the intricacies of the law and experienced in the field. The bureaucratic process faced by undocumented individuals is complex, but a professional lawyer with expertise in the law will know precisely how to assist and guide them following an arrest by the Immigration Police for illegal residency in Israel.
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