Justice N. Hendel:
- The phenomenon of large-scale infiltration has created quite a few difficulties for a large number of Israeli citizens. Many, especially residents of disadvantaged neighborhoods, were required to pay a high and daily price for events beyond their control.
It is important to remember, when we come to examine the issue of infiltrators, that the large public of infiltrators is in fact made up of a mosaic of individuals. Every infiltrator is a person. That person, typically, lives in harsh conditions in his country of origin. It would not be an exaggeration to say that sometimes fate was cruel to him. For many infiltrators, the difficulty is not limited to the economic aspects. We, who are accustomed to sipping from the cup of freedom and relative abundance, should not acknowledge the desire of those who have not tasted it.
But the human dignity and freedom of the individual infiltrator is not limited to the general interest of a vague public. The constitutional balance that we are required to examine does not exist only on the level of the public person, and it is not only a matter of the rights of the individual-infiltrator vis-à-vis the public interest of the residents of the State of Israel (compare paragraph 186 to the opinion of Justice Vogelman). We are also dealing with the level of person to person. Single vs. Single. The intention is not to create a personal conflict; But the reality remains the same. This perspective is an essential part of knowing the facts. As I wrote on the matter Adam:
"The main victims, if not the exclusive, victims of the massive and sudden illegal immigration are members of the weaker socioeconomic strata... public peace in the broad sense and the sense of public safety – all of these have been severely damaged" (paragraph 2).
The State Comptroller also referred to the fact that the two groups – the infiltrators and the citizens of the state – are intertwined, and that "the neglect of one group by the state deteriorates the living conditions of the members of the other group."