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-- native Negev Bedouins, Israeli citizens afforded no rights;
-- migrant workers;
-- victims of human trafficking;
-- humanitarian cases; and
-- others.
Persons this bill mostly harms will be families of Israeli citizens and non-citizen spouses, parents and children. Moreover, Israel's High Court addressed this issue in 1999 and 2006, ruling it illegal to require non-resident spouses of Israeli citizens to leave the country before or until their status is clarified. The Court also said doing so fails the proportionality test because of the harm caused to married couples' rights.
(3) The third bill establishes a Justice Ministry immigration and status tribunal. As part of the executive branch, justices will be allowed to rule with no public or oral debate. Authorities will also be exempt from "presenting various documents to the court and will be allowed to demand ex-parte hearings (where one party isn't present or given notice of court proceedings)."
If enacted, it will thus subvert "every rule of natural justice" by giving the Justice and Interior Ministries total authority over immigrants and non-Jews. These ministries will then have extrajudicial power to determine policies, "introduce procedures, execute them, judge them, and" decide on their legality, irrespective of Israeli and international law.
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