Caselaw

High Court of Justice 8425/13 Eitan Israeli Immigration Policy et al. v. Government of Israel - part 62

September 22, 2014
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What is the reason for the decline from the entry of about 1,500 infiltrators per month in 2011 to the current situation? When there are a number of factors, it is possible to give full weight to one factor or another.  As for myself, I believe that the various factors have joined together to bring about change.  This is despite the fact that it is difficult to understand the contribution of each and every factor.  The fact is that for the time being, the integrated solution proposed and implemented by the state has succeeded.  The number of infiltrators dropped to very low levels, apparently due to the combination of the two checkpoints – the physical barrier (the border fence) and the normative barrier (the amendment to the Infiltration Law), as well as other factors.  This is the background and these are the circumstances that led to the enactment of Amendment No. 4 to the Law.

Of course, and as I emphasized on the matter Adam, if the reality changes significantly, the constitutional equilibrium point may also change.  Thus, for example, if for a long period of time the rate of infiltrators into Israel is at a very low level, it can be assumed that most of the effort will be focused on treating the infiltrators in Israel and the need to find a solution for them.  For the time being, however, it must be taken into account that Amendment No. 4, as a temporary provision, is in effect for a period of three years.  At this time, we do not know whether the current situation, with all its circumstances and complexities, will continue, and for how long.  Surprising upheavals have occurred in the past, and it is possible that this will be the case in the future.  Let's not forget that the phenomenon began to gain momentum only in 2009.  Who will stand next to us as to what the situation will be at the end of the period of the temporary order? It seems that caution requires not interfering in the sensitive legislative work at this stage, when the dynamic of change is so dramatic.  At the same time, if it turns out that towards the end of the period of the temporary order, the factual pendulum will swing, once again, to a different point of equilibrium, it seems that a different solution will need to be formulated.  But in view of the pace of change, I would allow more time to examine the area.  This is in addition to constitutional violations that cannot be tolerated, such as the three-year threshold that was invalidated in the matter Adam.

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