The Detention of Foreign Citizens in Irregular Status in Israel for the Purpose of their Deportation

Review. This article discusses the legal aspects of detention of persons illegally staying in Israel in order to deport them from the country Special emphasis is placed on the legislative framework which regulates detention of illegals and the changes that have occurred in this area since the 90-ies of the last century and to the present day. The author outlines interrelationship between deportation of persons who have violated visa regime and their detention immediately prior to the deportation. The article explains the functions of the Inspector General of the border guard service and considers in detail the Israeli Court on Control over the Detention of Persons in Irregular Status in Israel. Some examples from judicial practice, in which the Court considers it possible to release people from detention on bail, are provided. The article concludes that the release of persons by the Court (so they exit the country on their own) is an exception to the rule. It is proposed to amend a number of proposals for improving mechanisms for the protection of the rights of persons detained in Israel detention with a view to their deportation, because, according to the author, the rights of such persons are not sufficiently protected in law of Israel. The main proposals are as follows. First, limit the maximum detention time up to 12 months. Secondly, enshrine in law the provision of free legal assistance to detainees. Last, add alternative measures to detention, such as home arrest, under the supervision of the special means, such as electronic bracelets.

Israel, illegal migration, economic migrants, detention, deportation, Court, bail, judicial supervision, the rights of detainees, separate check-out

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