December 2015

By Prof. Avi Diskin

The question of immigration is part and parcel of the basic societal dilemmas which we call, in the current context, the dilemma of “solidarity limits.” National solidarity is not only a practical and appropriate solution but is also an idea which is a suitable companion to basic liberal rights and freedoms such as the right for self-definition and the right of free association.

The currently most accepted and stable limits of solidarity are the borders of sovereign nations in general and the borders of nation-states specifically. Countries are characterized by territorial limits and by the sovereignty they apply to the territory they control. It is this sovereignty which is decisive in immigration issues. International agreements and the principles of basic morality require countries to help refugees — especially those running for their lives — but in principle leave the formalities of immigration to the various sovereign nations. Countries are not required to grant refugees citizenship or even integrate them into society; they are only required to prevent the refugee’s extradition to places which represent a danger to life. All countries apply selection criteria for immigration and in many countries these tests center around the country’s national identity and the identity of those seeking to immigrate. Read More

By Ayal Gabbai and Ro’i Yelnick

A new position paper by Ayal Gabbai, former director of the prime minister’s office, and Ro’i Yelnick, an Institute researcher, presents the existential problems which are created by the infiltration of foreigners into Israel. The paper raises significant questions which must be asked and offers practical solutions.

The housing crisis – Currently (2014) there are somewhere between 40,000-60,000 infiltrators in Israel. Most live in extreme conditions: four to six people in one apartment. Their conditions impact the Israeli population and create a housing crisis – in recent years tens of thousands of apartments have been occupied by the infiltrators.

Education and welfare – The main challenge facing the educational system is what and how to teach the foreign student and whether they are to be considered permanent students or transient. The problems compound because the main burdens (welfare, education, and health) fall on already weakened regions, cities, and government infrastructures. Many of the infiltrators live in south Tel Aviv, Eilat, and Arad, none of which are swimming in resources.

Beyond presenting the problem, Gabbai and Yelnick discuss the identity of the infiltrators – do they immigrate for work purposes or are they refugees fleeing for their lives? According to Gabbai and Yelnick, there are organizations which take advantage of the phenomenon in order to destroy Israel’s character as a Jewish state and try to turn the country into a state of all its residents. Read More

On the Legal Status of the African Immigrants in Israel

By Nir Amran

The Israeli public has been intensely occupied with the arrival in Israel of many African immigrants and refugees over the past decade, their sojourn here, and the obligation of the State toward them, but it seems as though the public debate is missing something and that before our eyes it is falling into the typical pattern of polarity in which cookie-cutter opposing arguments clash. This is especially clear in the debate about the infiltrators’ legal status; each side “bases” its argument on a variety of concepts and ideas – briefly reviewed in this paper- and although most are indeed connected to this complex issue, they are used in a mix-and-match fashion and not always in the proper context.

The purpose of this paper is to summarize the base for claims about the status of infiltrators as seen in international law and expressed in Israeli law and to show the complexity of this legal issue. This document does not try to arbitrate between the claims, only to uncover the correct origins and contexts of concepts drawn from the world of international law and to raise practical questions about their implementation. The document also draws attention to the legal issues which arise from the geo-political and security aspects of the subject. Read More

Ariel Finkelstein

The phenomenon of non-citizen foreigners living inIsrael has gained widespread recognition because of the infiltrations on the Israeli southern border. Even so, it seems that the public discourse is deficient and is often influenced by manipulation and incomplete data. The purpose of this document is to summarize and organize the primary data and opinions on this topic and serve as a basis for a serious, productive discussion leading to policy. This document will not propose such policy; it will only present the facts and opinions of the various parties to the public discourse. Effort has been made to present the widest set of facts and a variety of opinions and their roots, with no attempt to reach a conclusion.

The document refers to three main groups of non-citizen foreigners in Israel:

1. Infiltrators: Foreigners who have illegally entered Israel on the Egyptian border and who were caught at the border or within the country.

2. Foreign workers: This group is sub-divided in two – foreign workers with valid work permits and foreign workers who entered Israel with valid work permits which have since expired.

3. Tourists without valid permits: Foreigners from underdeveloped countries who entered Israel as tourists and stayed without valid permits. It is thought that most of them work illegally. Read More