Release of illegal immigrants from prison
An individual, who does not have a valid residence permit, is subject to administrative penalties and, prior to his deportation, may end up at the Detention Facility, in accordance with the Law of Entry into Israel and, in addition to the arrest, he is subject to sanctions under which, for a long period of time, he will be prohibited from entering Israel.
The purpose of detention is to ensure his deportation and expulsion from Israel. Detention is executed for the purpose of expulsion and not for the purpose of coercion. Detention is not intended for punitive purposes. It should be emphasized that detention is an administrative rather than criminal sanction.
The detainee held in prison is brought before the judicial authorities, at intervals specified by law, to monitor his detention and for the purpose of judicial review regarding the decision of the border control officer at the Ministry of Internal Affairs.
In detail’s
The power of the court to examine the detention is limited only to upholding the lawfulness of detention and the Detention Review Court is not authorized to examine the issues of deportation or status in Israel.
Court is the monitoring judicial authority in the form of the High Court, which reviews the legality and the validity of decisions of the administrative body.
Anyone who wants to revoke the decision to deport him from Israel must turn to the courts in order to change the decision of the Population and Immigration Authority.
During the detention period, the accompanying lawyer will meet the detainee at the Detention Facility and will advise him on the available options, such as:
Delaying the deportation of a foreign citizen and filing an appeal against the decision to deport him. If the appeal is successful, the detainee will be immediately released from custody and will receive a residence permit, as well as legal status in Israel.
Alternatively, if a foreign citizen is not interested in exhausting his rights, it is possible to file a preventive appeal so that the foreign citizen could return to his homeland, without long waiting period at the Detention Facility.
Our firm represents the interests of many clients in the Judiciary regarding the detention issues. Our specialists have knowledge and expertise in complex issues related to the regulation of residence status in Israel and the prevention of deportation, and they also act as representatives in various government bodies.