The tests of proportionality must also be applied proportionally. I am afraid that even according to the reservations of my colleagues, it would have been possible to reach a different and more moderate operative result that sustains the choice of the legislature (even if not in all its details).
Conclusion
- When the Supreme Court of the State of Israel comes to hear the issue of the infiltrators, it is impossible to ignore the significance of being a Jewish and democratic state as defined in the Basic Law. The Jewishness of the state is not summed up in the principles of Jewish law, but also in the history of the people. From this perspective, and against the background of the divorces that we have undergone in different periods, we must be sensitive to the other person who is looking for a new home, even if only temporarily. This duty is part of the picture. Help as much as possible, and recognize that this is a difficult situation that hurts her heart. In Sudan and Eritrea, where many of the infiltrators originate, life is unbearable. The lone infiltrator must also be humanized. This situation only adds to our gratitude that we are enjoying the fruits of democracy and prosperity. A state that does not remember its past harms its resilience and its future. This is not only a practical consideration, but in my view it is also part of the definition of the people.
Just as the state must not forget its past, it must not not recognize the present. The situation in which the State of Israel, as a single country adjacent to Africa that absorbed many infiltrators in a short period of time, requires thought and restraint. Resource constraints, and the state's obligation to set immigration policy, are the order of the day. The balance between the present and the past presents a unique challenge for the country. It is possible that if the pace of infiltration that has emerged in recent months remains the same, it will be possible to invest more energy in dealing with those who are already here. In my opinion, the vast majority of the law passes constitutional review. It sets out balances that stand within the constitutional framework.