Chapter 4 of the Law – Accommodation Facility
- Chapter 4' The law establishes for the first time a residency facility for infiltrators. In the matter Adam I noted that the state has many options, some of which are being implemented in countries around the world, to deal with the phenomenon of infiltration in a way that is less harmful than that of long-term detention:
"It seems to me that it is possible to formulate a variety of alternative measures that can be taken and which will achieve the desired purpose in a less harmful manner. Thus, for example, it is possible to create various reporting obligations and guarantees (compare the case of Kav v. the second employee, paragraph 63 of the judgment of Justice Procaccia); Restrictions on the residence of the infiltrators in a way that will enable the state to control and supervise the places where they settle and their dispersal to different places of population (a procedure in this vein existed in the past and was revoked by the Minister of the Interior even before its legality was ruled by this court). See High Court of Justice 5616/09 The Center for the Advancement of African Refugees v. Ministry of the Interior [published in Nevo] (26 August 2009)); It is possible to consider obliging infiltrators to stay overnight in a accommodation facility that has been prepared for them and that will provide for their needs, while at the same time preventing them from other difficulties...
Another idea that was raised in the Knesset was to replace some of the foreign workers with infiltrators, thus solving many problems in these two sectors and even assisting Israeli employers in need of working hands (see the minutes of the Knesset Committee to Examine the Problems of Foreign Workers, June 11, 2012 - http://www.knesset.gov.il/protocols/data/rtf/zarim/2012-06-11.rtf); it was also proposed to intensify the fight against smugglers who help infiltrators penetrate the country's borders and to indemnify the local authorities for their expenses in dealing with the infiltrators (ibid.); in addition, It is possible to increase police supervision in the areas of concentration of infiltrators in order to deal with crime phenomena, and especially in order to increase the sense of personal security of the local residents; Labor laws can be tightly enforced so that there is no preference for cheaper labor for infiltrators; And more. Measures of this kind can be implemented alongside means of supervision and punishment for those who fail to meet their conditions, and this, of course, alongside the actions that the State of Israel continues to take in order to enable the deportation of infiltrators who can be expelled outside the borders of the State of Israel" (Adam, paragraph 104 of my judgment).