Release from Detention of Undocumented Residents

The State of Israel has attempted to address the phenomenon of undocumented residents who have entered and remain within its borders for several decades. In this context, “undocumented residents” refers to foreign nationals who remain in Israel after their visa has expired or those who entered Israel without using an official border crossing (i.e., illegal infiltrators). Israeli law distinguishes between foreign nationals who initially entered the country with a valid visa and those who entered without going through a legal entry point, meaning they never held a valid Israeli visa.  Our law office specializes in representing foreign nationals in dealings with the Ministry of Interior, including filing release from detention requests of undocumented residents, if grounds for release exist.

Foreign Nationals Entering Israel via Ben Gurion Airport

Some foreign nationals enter Israel as tourists or foreign workers with valid work permits but remain in the country beyond the three months permitted by a tourist visa (B/2) or a valid B/1 work permit. Others, such as students or volunteers in Israel, choose to stay without a valid residency visa, risking arrest and deportation. Many individuals from the former Soviet Union or Eastern Europe, such as Georgia, enter Israel as tourists via Ben Gurion Airport and later apply for asylum or refugee status.

Entry into Israel by Infiltrators via the Egyptian Border

In contrast, there are “infiltrators” who arrived in Israel through the Egyptian border (before the existing border fence was built), primarily from African countries such as Eritrea and Sudan. These individuals often apply to the Population and Immigration Authority for refugee status under the procedure for granting status to asylum seekers in Israel. However, some temporary residents fail to apply for such status or choose to remain after their permit has expired or their renewal request has been denied.

For instance, the Ministry of Interior vouched to avoid deporting asylum seekers from certain African countries until it can be proven that said countries are safe to return to. At the same time, Ministry employees avoided issuing asylum seeker work permits, much less refugee status, to undocumented residents from said countries.  As a result, applying for refugee status became a complex bureaucratic procedure with no viable reward, which many African “infiltrators” chose not engage with.

Whatever the reason for this decision, it made them undocumented residents, subject to arrest by immigration enforcement if discovered, particularly as the Ministry of Interior sought to revoke the blanket ban on deportations to certain countries, or to encourage “self deportation”.

When “infiltrators” reach Israel’s borders, they are now immediately detained under the Prevention of Infiltration Law. Before being classified as “infiltrators,” asylum seekers were detained under the Entry into Israel Law. According to international conventions, asylum seekers or refugees cannot be deported until their status is fully reviewed, as their lives may be at risk if returned to their home countries. Therefore, asylum seekers are held in detention centers during the status determination process. After a few weeks of detention, they are released for a limited period.

Unlike the Entry into Israel Law, the Prevention of Infiltration Law initially stipulated mandatory detention for all asylum seekers for no less than 20 months. This provision led to a petition by human rights organizations to the Supreme Court, arguing that mandatory detention solely for requesting asylum was disproportionate. The petition was partially accepted; the court ruled that 20 months of detention was indeed excessive. Consequently, the detention period was reduced to 12 months, and an amendment to the Prevention of Infiltration Law was enacted.

Asylum Protection Policy or Exclusion Policy in Detention Centers?

Asylum seekers who fail to regularize their legal status in Israel are detained in facilities that function as prisons in every sense, even if the seekers are not required to stay in the facility 24\7. Detainees are required to participate in a daily headcount every evening and sleep in the detention facility. These centers are managed by the Israel Prison Service, which is authorized to conduct searches and enforce disciplinary measures.

Israel’s legal framework raises a controversial issue. On one hand, individuals from African countries arriving at Israel’s borders are defined as “asylum seekers,” a classification that ostensibly entitles them to refugee rights under the Convention Relating to the Status of Refugees, to which Israel is a signatory. On the other hand, Israel has coined the term “infiltrators” to describe foreign nationals entering its borders without permission and with hostile intent. Such individuals are deemed “a threat to the nation” and are detained to prevent illegal entry into the country.

Detention of Undocumented Residents—What to Know

Foreign nationals who fail to regularize their legal status under the Entry into Israel Law and lack valid residency permits are classified as undocumented residents. Foreign nationals present in Israel without such permits risk detention aimed at deporting them from Israel. It is important to understand that this is administrative detention, not criminal detention, meaning that in some cases, undocumented residents may be released from detention and even avoid deportation altogether.

Undocumented residents are detained only in designated facilities, such as the Givon Prison in Ramla, the Yahalom Detention Center at Ben Gurion Airport, and the Saharonim Prison in Ktzi’ot. These are separate detention centers intended solely for undocumented residents, not criminal offenders. Furthermore, undocumented residents applying for asylum and who cannot be deported to their home countries may also be released from detention, even without a valid visa. Rights of undocumented residents are adjudicated by the Detention Review Tribunal.

Can an Undocumented Resident Be Released from Detention?

Release from detention of undocumented residents is possible if a mistake occurred, there are legal grounds for release, or humanitarian or medical reasons justify release. It is strongly advised to immediately consult an experienced lawyer specializing in release from detention, particularly for undocumented residents. An expert attorney familiar with asylum seekers’ rights, foreign workers, and undocumented residents in Israel can provide crucial assistance.

A skilled lawyer knowledgeable in the legal nuances can file an urgent application to prevent immediate deportation via a stay of deportation order, followed by a decision on whether the undocumented resident will be released on bail.

Release on Bail, Deportation Orders, and the Right to a Hearing

The Detention Review Tribunal has the authority to overturn decisions made by the Border Control Officer from the Ministry of Interior regarding detention. It can order the release of detainees on bail, impose reporting requirements, set timelines, or establish other conditions. However, the tribunal does not have the authority to revoke a deportation order. The sole authority to cancel deportation and removal orders lies with the Tribunal for Appeals specializing in immigration matters in Israel.

In cases of deportation following release from detention, it is essential to know that undocumented residents must undergo a hearing conducted by a Border Control Officer from the Ministry of Interior before deportation. At the conclusion of the hearing, a deportation order will be issued, becoming enforceable three days after its issuance.

In most cases, a detention order will also be issued, requiring the undocumented resident to remain in detention until their deportation is executed. However, the Border Control Officer can exercise discretion to release the undocumented resident on bail if convinced they will commit to voluntarily leaving Israel by the specified date.

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03-3724722

055-9781688

office@lawoffice.org.il