It is possible to think of various solutions that require examination, and without specifying possible solutions within the definition of "Armor"The solution is based on constitutional review. Thus, it is possible to think of a solution according to which the Border Control Commissioner will be authorized toLaw to delimit the geographical area in which the infiltrators will live, in a way that will lead to the dispersal of the infiltrators' population among All The different regions of the country (compare to the Gedera-Hadera procedure, in which asylum seekers were not allowed to stay and work in a geographical area particular, between Hadera and Gedera. A petition was filed against the procedure, in which it was claimed that the procedure was unconstitutional. The petition was deleted after the state announced that it would be possible for infiltrators who at this time cannot be deported to their country of citizenship in all areas (High Court of Justice 5616/09 The Center for the Advancement of African Refugees v. Ministry of Interior [Posted inNevo] (28.6.2009); See also: Regulations that were recently enacted, for which it should be noted that there was no constitutional review – Entry into Israel Regulations (Determining Geographical Areas for the Employment of Foreign Workers in the Nursing Industry), 5774-2014)). Such a practice exists in various countries around the world (see: Ophelia Field, U.N. High Comm’r for Refugees, Div. of Int’l Protection Servs., Alternatives to Detention of Asylum Seekers and Refugees 30-34, U.N. Doc. POLAS/2006/03 (April 2006); Andreas Müller, Federal Office for Migration & Refugees & Eur. Migration Network, The Organisation of Reception Facilities for Asylum Seekers in Germany 28 (2013); See also the comprehensive review conducted by my colleague the judge A. Fogelman in paragraphs 133-134 of his opinion). This is just one of many solutions. Other solutions can be thought of. In the matter Adam I noted that the state could consider the establishment of an open residence center, where the stay would be Voluntary, and that "... It is possible to consider imposing restrictions on the ability to obtain work permits, such as training for various positions, and thus harnessing the infiltrators to the needs of the economy; and this is not an exhaustive list" (ibid., paragraph 4 of my judgment; see also: paragraph 104 of the judgment of my colleague Justice A. Arbel). Whatever solution is chosen, it must find a cure for the problem of the residents of south Tel Aviv; But at the same time, it must express the view that all human beings, including refugees, asylum seekers and migrants, are entitled to the protection of human rights (See:Eleanor Acer & Jake Goodman, Reaffirming Rights: Human Rights Protections of Migrants, Asylum Seekers, and Refugees in Immigration Detention, 24 Geo. Immigr. L.J. 507 (2010); Aaron The Brilliance of Human Dignity - The constitutional right and its daughters Vol. 1 379-382 (2014)).
- Between our judgment in the Adam case and the entry into force of Amendment No. 4, a relatively short period of time of about three months passed. I hope that taking another legislative step now will allow for renewed and creative thinking regarding the treatment of infiltrators, legislation that will allow all relevant parties, including the residents of south Tel Aviv, to voice their position.
- After these remarks, I read the opinion of my colleagues, and I also join the opinion of my colleague Justice Vogelman in the additional remarks he wrote following the comments of my colleague President A. Grunis.
- As stated, I agree with the position of my colleague Justice Vogelman, according to which section 30A and chapter D of the law should be declared null and void .
Vice President