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{"id":92102,"date":"2023-04-26T15:01:29","date_gmt":"2023-04-26T12:01:29","guid":{"rendered":"https:\/\/lawoffice.org.il\/%d7%94%d7%97%d7%95%d7%a7-%d7%9c%d7%9e%d7%a0%d7%99%d7%a2%d7%aa-%d7%94%d7%a1%d7%aa%d7%a0%d7%a0%d7%95%d7%aa\/"},"modified":"2023-12-14T13:49:30","modified_gmt":"2023-12-14T11:49:30","slug":"infiltration-prevention-law","status":"publish","type":"post","link":"https:\/\/lawfirmbackup_200125.k1uagm.ap-southeast-2.wpstaqhosting.com\/en\/infiltration-prevention-law\/","title":{"rendered":"The Infiltration Prevention Law (Criminal Offenses and Jurisdiction), 1954"},"content":{"rendered":"

The Infiltration Prevention Law, which was originally enacted to combat hostile sabotage activity, is currently used by the State of Israel, among other things, to deal with the phenomenon of “illegal immigrants” or asylum seekers from Africa. Our office regularly represents<\/a> Eritrean, Sudanese and other asylum seekers who came to Israel because their lives in their countries of origin were unbearably difficult, and included wars and persecution on an ethnic basis. An attorney who represents asylum seekers is required to have extensive legal knowledge of the laws of entry into the State of Israel, including the Infiltration Prevention Law. The background to the enactment of the law and its provisions will be reviewed below by attorney Joshua Pex<\/a>, a founding partner in our office who heads its Israel Immigration Department.<\/p>\n

Historical background to the enactment of the Infiltration Prevention Law and the amendments to it<\/b><\/u><\/h4>\n

The Infiltration Prevention Law (Criminal Offenses and Jurisdiction)<\/a>, was enacted in 1954 in order to deal with the phenomenon of illegal immigration of Palestinians into Israel, who infiltrated it with the aim of carrying out hostile sabotage activities in Israel, smuggling, theft and robberies. The Palestinians who participated in these activities were called Fedayeen<\/a>. Before the enactment of the Infiltration Prevention Law, the only legal solution to deal with the illegal immigrants was the imposition of a monetary fine and imprisonment of up to three months only \u2013 and the new law enabled more severe penalties to be imposed on the illegal immigrants into Israel, as well as granting additional tools for dealing with the phenomenon. Accordingly, the minister in charge of implementing the law and establishing regulations under its authority is the Minister of Defense (see section 35 of the law).\"Infiltration<\/a><\/p>\n

In the first decade of the 2000s, illegal immigration from Africa to Israel, across the Israel-Egypt border, became a significant phenomenon, with most of the illegal immigrants being asylum seekers from Eritrea and Sudan<\/a>. In response to the influx of asylum seekers, the Saharonim prison was established in 2007, not far from the border with Egypt, which was intended to be used to incarcerate asylum seekers. With the continued influx of asylum seekers, the Infiltration Prevention Law was amended in 2012, in a manner intended to make the lives of asylum seekers difficult and reduce their motivation to come to Israel. Some of the provisions were enacted as a temporary provision for a period of three years, and have long since expired. Another part of the instructions was so draconian that the Supreme Court determined it to be in violation of human rights \u2013 and revoked it in two major court rulings \u2013 as detailed below.<\/p>\n

The provisions of the Infiltration Prevention Law that were revoked by the Supreme Court<\/b><\/u><\/h4>\n

In the Supreme Court case Adam v. The Knesset<\/a>, the Supreme Court overturned Section 30A of the law that allowed asylum seekers to be held in detention for a period of up to three years, contrary to the provisions of Section 13F of the Entry to Israel Law<\/a>, which allows holding an illegal resident in Israel for a maximum of 60 days. The Supreme Court annulled Section 30a on the grounds that it is unconstitutional, because it is inconsistent with the provisions of the Basic Law: Human Dignity and Liberty. In response, the Knesset enacted an amendment to the law, which allows anyone who enters Israel illegally to be detained for one year, starting after the amendment takes effect.<\/p>\n

Second, the Knesset enacted a provision that allowed keeping those illegal immigrants who entered Israel before the amendment to the law took effect, and therefore who are “difficult to deport\u201d, in a \u201cdetention center\u201d (Holot facility) \u2013 for an unlimited amount of time, unless they choose to leave Israel “voluntarily”. The Supreme Court overruled most of these provisions in another court ruling<\/a>, which led, among other things, to the closing of the Holot detention facility<\/a>. The Supreme Court rulings have led to much criticism from the right side of the political map, on the grounds of excessive judicial activism, including a call for the legislation of an overriding clause<\/a> \u2013 a call that has returned to the headlines at the time of writing this article (February 2023). For more information on changes in the jurisprudence policy regarding asylum seekers, see this article<\/a>.<\/p>\n

Key sections of the Infiltration Prevention Law <\/b><\/u><\/h4>\n

<\/a>Before dealing with key sections of the law, it is important to note that the language of the law is more draconian than the actual prosecution policy of the Attorney General\u2019s office, and many of the law’s sections are only used to prosecute illegal immigrants whose goal is to carry out hostile sabotage activity \u2013 and not to prosecute asylum seekers:<\/p>\n