Judge Y. Amit:
- As part of the dialogue between the judiciary and the legislative branch, and following the repeal of Amendment No. 3 to the Prevention of Infiltration Law (hereinafter: The Law), the Knesset enacted Amendment No. 4 to the Law. The tikkun stands on two legs: Section 30A Law And Chapter 4 to the law. My colleague Justice Vogelman, in his instructive and wide-ranging ruling, reached the conclusion that the amendment should be invalidated on both legs. I will preface by saying that I agree with my colleague's conclusion with regard to To Chapter 4 of the law but disagrees with its conclusion regarding Section 30A to the law.
In the following lines, I will briefly explain my position and summarize it below. Amendment No. 4 to the law changes the "rules of the game" that were in place until recently with regard to infiltrators, but there is a significant difference between section 30A of the law and chapter 4 of the law. Section 30A is like a guard stationed at the gates of the state, his face looking to the outside, to the future and to an unspecified public of infiltrators by force. Chapter 4 of the law turns its face inwards, and imposes severe restrictions on a certain public of people who have already been in Israel for several years. In fact, even if not in halakha, chapter 4 retroactively changes the "rules of the game."
Chapter 4 of the Law
- My colleague Justice Vogelman dissolved the Chapter 4 to its factors and components, and it has shown that each individually and all together and cumulatively, creates a powerful violation of human freedom and dignity.
The state's concern is understandable that the more we grant the infiltrators rights in the areas of work, welfare, health, and housing, the more it will be an incentive for more infiltrators. This is both because the infiltrators' wages in Israel will be transferred abroad in order to finance the arrival of others following them, and because Israel will once again become an attractive destination country for infiltrators. I am also convinced that we are dealing with sophisticated smuggler networks that transport infiltrators to countries that are "attractive" to the infiltrators' point of view.