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State prosecution asks High Court of Justice to toss out rights' group petition against the Prevention of Infiltration Law, which has drawn the ire of the UN refugee agency.

By Revital Hovel for Haaretz
African migrants seen behind the newly-built fence in Israel-Egypt border, Sep. 6, 2012 Photo by Ahikam Seri

By Revital Hovel for Haaretz

The State Prosecution has asked the High Court of Justice to reject a petition by migrants' rights groups against the Prevention of Infiltration Law, claiming the law is constitutional and reasonable. The legislation allows the state to detain migrants who enter Israel illegally without trial.

“The amendment to the Prevention of Infiltration Law with its various instructions is constitutional,” the prosecution said. “Its impact on freedom is for a worthy cause, it is suited to the values of the State of Israel as a Jewish and democratic state, and meets the test of reasonableness.”

The prosecution continued: “In recent years the State of Israel has turned into a center of attraction for many residents of African states … at first there were individual infiltrators, then there were a few dozens, and over the past three years hundreds and thousands have been coming every month.

“The legislature had to cope with a complex equation: On one hand was the need to stop infiltration and prevent thousands of migrants from settling in the Israeli society and economy by creating custody mechanisms which offer fair conditions and are subject to close and proactive judicial oversight. On the other hand was the need to provide a suitable way to examine the requests of asylum seekers in accordance with the state’s obligation to the Convention Relating to the Status of Refugees.”

What the rights groups have challenged is an amendment to the Prevention of Infiltration Law that the Knesset passed in January as an “emergency order” for three years. The law permits the detention of migrants for an unlimited period of time, though it sets three years as the point at which their release might be considered. The law does not distinguish between migrant workers and those who cannot be deported to their countries of origin because their lives are at risk there. The law also allows children to be detained for an unlimited period, which in theory could result in children growing up behind bars.

In an unprecedented development, the United Nations has intervened in the petition. During a hearing on the petition two months ago, William Tall, the United Nations High Commissioner for Refugees' representative in Israel, was in attendance, bringing with him five asylum seekers from Eritrea and Sudan who are currently being held in the Saharonim detention center.

In the state’s response Monday, it reported that 2,004 persons are being held in detention facilities and that more than half have had requested asylum.