The Detention Review Court judge issued a warning about the ease of infiltrating Israel and the lack of punishment. The case concerned a Georgian infiltrator who had illegally entered Israel twice through security breaches at Ben Gurion Airport.
Even though she was arrested and deported, she re-entered the country the same way.
Judge Assaf Noam’s June 20, 2024 ruling underscored the seriousness of the problem: The intruder initially paid smugglers $5,000 and later $7,000, used false documents to stay and work in Israel, and attempted to legalize his status through a Zoom marriage to an Israeli citizen, only to be arrested when the application was invalid.
Her appeal against deportation was rejected, but a district court interim order postponed her deportation for 14 days. Judge Noam argued for her continued detention due to the seriousness of her actions. Travelers at the departure lounge of Ben Gurion International Airport on April 4, 2023 (Photo by AVSHALOM SASSONI/FLASH90)
Beyond this incident, Judge Noam warned about broader problems, including infiltration through Ben Gurion Airport and a lack of enforcement against repeat offenders.
The Media Line spoke to Yonatan Jakubowitz, a lawyer at the Israel Migration Policy Center, and Sabine Haddad, a spokeswoman for the Population and Migration Department, about the issue.
Haddad said it was impossible to know the exact number of illegal immigrants entering Israel through Ben Gurion Airport.
Hundreds of people cross the border illegally
“Every year, about 200 people try to cross the border like this, and that’s the only ones we’ve been able to stop,” Haddad said.
Jakubowicz confirmed that the actual figures were unknown.
“We know that only a small proportion of illegal immigrants are detained by immigration authorities. If hundreds are being detained, that means the actual number of illegal immigrants could be in the thousands,” he explained.
Jakubowicz said most of these migrants are from Georgia, but some are from Eastern European countries and Kazakhstan.
“Although there are no formal detentions, trafficking networks have started to expand again, bringing in people from other countries,” he added.
Jakubowicz expressed concern about security issues related to such incidents.
“Clearly, providing easier entry for migrants coming for economic reasons increases the risk that criminals, terrorists and other malicious individuals will exploit these security breaches,” he explained.
“While I am not aware of any specific cases, we do know that some immigrants use criminal networks and involve individuals with immigration backgrounds to enter the country illegally,” Jakubowicz said.
Despite Jakubowicz’s concerns, Haddad stressed that the main reason these migrants come to Israel is for work, and explained the process by which such violations occur.
“Over the past year, they have become very prepared. When they land in Israel, they change into airport uniforms or religious clothing in the airport toilets before going through immigration,” she said, so authorities can mistake them for airport staff.
Haddad explained that authorities question individuals they intercept. These migrants are seeking good jobs, she said, and that is the only reason they are entering Israel.
Jakubowitz said prosecutions for such violations are very lenient in Israel.
“The government will simply send the migrants back, even buying their air tickets at their own expense, so they can try their luck and in the worst case scenario, they will be sent back home,” he said.
“Our view is that people should be criminally prosecuted to make illegal entry into Israel unattractive. Once they have served their sentence, they will be deported to their home countries,” he said.
“We can’t just let illegal immigrants stay. We need to build in deterrents to breaking the law and not give them a bounty,” he added.
According to Jakubowitz, Israel does not have a system of penalties for illegal entry because the courts do not consider violations of immigration laws to be serious enough. “The courts do not consider it a serious crime,” he said.
“The law provides for up to five years in prison for illegal immigrants, but prosecutors believe that after going through all the procedures, the court will only impose two months of community service. Since it is not worth the effort, prosecutors do not enforce the criminal law and prefer only to expel them from Israel,” he said.
Jakubowicz also emphasized the country’s current focus on security and war.
“For now, I don’t expect any major efforts from the government. On the one hand, we have war and political instability, and on the other hand, the legal system is much stronger than the government. As long as the legal system does not consider illegal immigration a serious problem, I don’t see any serious enforcement in the near future,” he said.
