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Israel could change Basic Law to allow mass deportation of Eritreans

 
 Eritrean asylum seekers who oppose the regime in Eritrea protest outside a conference of regime supporters in south Tel Aviv, September 2, 2023 (photo credit: ITAI RON/FLASH90)
Eritrean asylum seekers who oppose the regime in Eritrea protest outside a conference of regime supporters in south Tel Aviv, September 2, 2023
(photo credit: ITAI RON/FLASH90)

The proposed law seeks to establish provisions of the law on the treatment of illegal migrants and moving towards their deportation from Israel.

National Security Minister Itamar Ben-Gvir is planning to propose a bill that would override the Basic Law: Human Dignity and Liberty, in order to push ahead with the deportation of Eritrean migrants, following riots on Saturday that left more than 100 injured.

The proposed law seeks to establish provisions of the law on the treatment of illegal migrants, moving towards their deportation from Israel.

On Sunday, the Interior Ministry and the Attorney-General’s Office announced that the Eritrean rioters who had been arrested will remain in remand, and that more arrests will be made.

Following a special cabinet session on Sunday, it was decided the government will examine the cancellation of work visas for those staying in Israel illegally, and it was agreed to promote a basic immigration law. “We are asking for strong measures against the rioters, including the immediate deportation of those who participated in it,” Prime Minister Benjamin Netanyahu said at the meeting.
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The High Court of Justice has received criticism from politicians over what they call their activist policies that have prevented the deportation of migrants in the past.
The Basic Law: Human Dignity and Freedom was implemented in 1992 during the tenure of then high court president Aharon Barak, and is seen by proponents of the judicial reform as the starting point of what they say is overreaching by the court.
Section 12 of the law restricts amendments to the law, stating “This Basic Law cannot be varied, suspended, or made subject to conditions by emergency regulations,” which means if Ben-Gvir’s bill is to pass, it will almost certainly face judicial review.

'The High Court is responsible'

Finance Minister Bezalel Smotrich said on Saturday night that “In the Saturday riots, which were only the promo for what awaits us if we do not return the infiltrators to their countries of origin, there is only one responsible: the High Court. For years we have been warning, for years the High Court has prevented any action that would allow the infiltrators to be returned to their homes. That is precisely why we are leading the reforms in the judicial system that will allow elected officials to make decisions and carry them out for the citizens of Israel, their safety, and security.”


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Transportation Minister Miri Regev also spoke out against the court, posting on Facebook a list of instances when the court ruled in favor of migrants, delaying or canceling their deportation.
She wrote: “Over the years I have said that the only refugees are the residents of South Tel Aviv who live in fear, and if problems are not dealt with when they are small, they become big problems. We are a country of law, the government should act without tying its hands.
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The prosecutor and the judges cannot take the authority and not bear the responsibility.”

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