News
Israel’s Supreme Court strikes down law on internment of illegal migrants
Israel’s Supreme Court yesterday struck down a law, which allowed the state to detain illegal migrants for up to three years without trial. The court ruled the law unconstitutional and gave the state ninety days to release around two thousand detainees and to determine their status.
It is estimated that more than 50,000 African migrants have entered Israel illegally since 2006 via the country’s border with Egypt. Most arrive from Eritrea or Sudan and many claim to be fleeing persecution although the Israeli government says that most are economic migrants. However, the vast majority have not had their status determined and instead have temporary permits.
Last year, an amendment to the Law for Prevention of Infiltration permitted the state to detain those who entered the country illegally for up to three years without trial. In a unanimous vote all nine justices ruled that this violates the migrants’ right to liberty. Writing the court’s opinion, Justice Edna Arbel said that their detention and lack of process regarding their status “violated their fundamental constitutional rights to human dignity [that] is the basis for Israel’s values as a Jewish and democratic state.” However, Arbel did acknowledge the unique dilemmas posed by the large number of African migrants and its impact on south Tel Aviv, where most live.
The court gave the state ninety days to release two thousand migrants currently held at Saharonim in southern Israel and to process their asylum applications. Prime Minister Benjamin Netanyahu said that he “respects the High Court’s decision” but is “determined to continue to lead government operations for dealing with infiltrators.” During the past year the government has reinforced the border fence with Egypt, effectively halting illegal crossings. However, the fate of the tens of thousands of African migrants already in Israel remains unclear.
Labour Party leader Shelly Yachimovich said that the court’s ruling “set a clear and precise national moral standard.” However, Likud MK Yariv Levin called it a “crazy decision.”