The law requires infiltrators to deposit 20% of their wages, which they can only redeem at the time of leaving the country.

• Tel Aviv infiltrator demonstration // Photo: Gideon Markovich

In a dramatic ruling, the High Court on Thursday rejected most of the provisions of the Constitution, requiring infiltrators to transfer one-fifth of their wages to a special deposit that would be returned to the heavier upon leaving the country, to encourage them to leave. The employer, 16% of the salary, will be transferred to a deposit which will be returned to the employee upon leaving the country.

In doing so, the court accepted some of the petitions filed against the "Deposit Law" and held that the provision of the law, which requires infiltrators employed as employees to deposit one-fifth of their salary as a deposit, is unconstitutional and voids its nullity. It was also determined that the state would reimburse the salaries of employees who move into deposits within 30 days of today.  

Under the Foreign Workers Act, as of May 2017, there is a duty on anyone who employs a foreign worker who is infiltrating to deposit a monthly deposit equal to 36% of his salary. This deposit will only be returned to him when he leaves the country (16% is paid by the employer and 20% is deducted directly from the employee's salary). The petitioners, infiltrating foreign workers and various organizations, petitioned to cancel the deposit arrangement. 

The judges who supported the repeal of the law were President Esther Hayim, Vice President Hanan Meltzer, and Judges Neil Handel, Uzi Fogelman, Isaac Amit, and George Read. They ruled that the provision to clear a fifth of foreign workers' wages is unconstitutional, because the direct cleaning of employee wages "harms a clear, tangible and significant violation of the right of property of those workers whose salaries are usually their only property and are usually below the minimum wage." 

The judges also ruled that the data presented by the state benefiting from this deduction is limited in scope and the number of infiltrators who have left the country since the entry into force of the law has not increased significantly and its context is questionable. 

Justice Noam Solberg, in a minority opinion, objected to the ruling, arguing that "although infiltrators' right to property of infiltrators should not be overstated, and that the social benefits inherent in the deposit arrangement are real. In our case, there is no justification for the exceptional relief requested in the petition - the repeal of primary legislation of the Knesset."

"High Court violates immigration policy"

Former Justice Minister MK Ayelet Shaked attacked the ruling, saying that "if anyone had any doubts about the importance of the Judiciary Committee - it is now clear. The High Court has over the years violated the immigration policy that the Knesset has written, starting with the infiltration law through a third state outline and now also a partial repeal of the deposit law. The law was effective and encouraged voluntary exit. Only a cease-fire will put an end to it. Judge Solberg's minority opinion shines in the ruling, which demonstrates how important it is to appoint conservative judges and how serious the transfer of the Justice and Control Committee's selection committee to white judges is. "

The "If You Want" movement, which accompanies the struggle of the residents of southern Tel Aviv against the infiltrators, said: "The High Court has once again stated that it prefers the rights of the infiltrators to the rights of Israeli citizens. There is no significance to the new government that is going to stand up as long as the High Court manages matters. Correcting the judicial system must be a priority for the government. The High Court is creating the new Iran before us. "

Shafi Paz and Doron Abrahami said on behalf of protest activists in southern Tel Aviv: "The deposit law has never been properly implemented anyway and the enlightened High Court judges have already mowed it down. So maybe it is better. No pretenses. Now the new government will open and inform us openly and without evasion. : Is South Tel Aviv officially annexed to Eritrea and the only law that applies is the Law of Violence and Blackmail. High Court judges have been acting as our executioners for years and we will soon have no choice but to defend inside the houses or hoist weapons. And we totally disbelieve in His authority. 

The Ecclesiastical Forum responded in response to the decision: "After the court canceled the infiltration law three times in a row, closed the sandbag facility, canceled the third state outline and stopped the hot return procedure - today the Supreme Court canceled the central part of the deposit law, thereby dropping Israel's hands The last tool to encourage the exit of the infiltrators. "