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High Court reviews anti-infiltration law, reduces detention time for African migrants

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Israel’s High Court yesterday considered a petition against a law regulating measures to deal with illegal migrants, mainly from Africa, ruling that the length of detention must be reduced.

It was the third time that the court had dealt with the Law for Prevention of Infiltration, having previously ordered the government to effectively cancel the legislation. The latest version of the law allows migrants entering Israel illegally to be detained at the Saharonim facility for three months, before being transferred to the Holot detention centre for 20 months. The High Court ruled that 20 months constitutes a “disproportionate” amount of time and ordered the limit to be reduced to 12 months. All those who have been detained at Holot for a year already, thought to be around 1,000 people, will be released within the coming weeks.

It is estimated that more than 50,000 African migrants have entered Israel illegally since 2006 via the country’s border with Egypt, although the flow of has been brought to an almost total halt with the recent completion of a new border fence. Most have arrived 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.

Prime Minister Benjamin Netanyahu welcomed yesterday’s High Court ruling, saying, “We cannot tolerate the issue of illegal immigration of work seekers, and this confirms that we can imprison migrants for the purpose of obtaining the necessary deterrence.”

Most African migrants live in South Tel Aviv’s neighbourhoods and there has been significant tension between the migrant community and local residents. Justice Minister Ayelet Shaked warned before the court decision that “If the law is cancelled a third time, it will mean that south Tel Aviv has been declared an official detention centre for infiltrators.” In response, opposition leader Isaac Herzog criticised Shaked for appearing to threaten the High Court.