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.<\/p>\n
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Entry into Israel by Infiltrators via the Egyptian Border<\/strong><\/h3>\nIn 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<\/a>. 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.<\/p>\nFor 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.\u00a0 As a result, applying for refugee status became a complex bureaucratic procedure with no viable reward, which many African “infiltrators” chose not engage with.<\/p>\n
Whatever the reason for this decision, it made them undocumented residents, subject to arrest by immigration enforcement<\/a> if discovered, particularly as the Ministry of Interior sought to revoke the blanket ban on deportations to certain countries, or to encourage “self deportation”.<\/p>\nWhen “infiltrators” reach Israel’s borders, they are now immediately detained under the Prevention of Infiltration Law<\/strong><\/a>. Before being classified as “infiltrators,” asylum seekers were detained under the Entry into Israel Law<\/strong>. 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.<\/p>\nUnlike the Entry into Israel Law<\/strong>, the Prevention of Infiltration Law<\/strong> 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<\/strong> was enacted.<\/p>\nAsylum Protection Policy or Exclusion Policy in Detention Centers?<\/strong><\/h4>\nAsylum 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.<\/p>\n
Israel\u2019s legal framework raises a controversial issue. On one hand, individuals from African countries arriving at Israel\u2019s borders are defined as “asylum seekers,” a classification that ostensibly entitles them to refugee rights under the Convention Relating to the Status of Refugees<\/strong><\/a>, 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.<\/p>\nDetention of Undocumented Residents\u2014What to Know<\/strong><\/h3>\n
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.\u00a0 As a result, applying for refugee status became a complex bureaucratic procedure with no viable reward, which many African “infiltrators” chose not engage with.<\/p>\n
Whatever the reason for this decision, it made them undocumented residents, subject to arrest by immigration enforcement<\/a> if discovered, particularly as the Ministry of Interior sought to revoke the blanket ban on deportations to certain countries, or to encourage “self deportation”.<\/p>\n When “infiltrators” reach Israel’s borders, they are now immediately detained under the Prevention of Infiltration Law<\/strong><\/a>. Before being classified as “infiltrators,” asylum seekers were detained under the Entry into Israel Law<\/strong>. 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.<\/p>\n Unlike the Entry into Israel Law<\/strong>, the Prevention of Infiltration Law<\/strong> 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<\/strong> was enacted.<\/p>\n 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.<\/p>\n Israel\u2019s legal framework raises a controversial issue. On one hand, individuals from African countries arriving at Israel\u2019s borders are defined as “asylum seekers,” a classification that ostensibly entitles them to refugee rights under the Convention Relating to the Status of Refugees<\/strong><\/a>, 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.<\/p>\nAsylum Protection Policy or Exclusion Policy in Detention Centers?<\/strong><\/h4>\n
Detention of Undocumented Residents\u2014What to Know<\/strong><\/h3>\n