Translation Notice — This is an English translation of a Hebrew law and may contain inaccuracies. In any dispute or legal matter, the original Hebrew text as published in Reshumot (ספר החוקים) is the sole authoritative and legally binding version.
Law
Entry into Israel Law, 5712-1952
חוק הכניסה לישראל
Section F: Miscellaneous Provisions
Breach of Order Restricting Use of Premises
12b12.
[Amendment: 5776, 5778-2]
(a)Where the provisions of an administrative restriction order or a judicial restriction order have been breached, including a requirement to provide a guarantee, an authorized police officer may order the immediate closure of the premises in respect of which such order was issued, for a period ending no later than the expiry of the validity period of the restriction order that was issued.
(b)One who breaches the provisions of an administrative restriction order or a judicial restriction order is liable to imprisonment of two years.
(c)A judge adjudicating the matter of a person who breaches an administrative restriction order or a judicial restriction order may, in addition to any penalty, order the forfeiture of the guarantee required under the order; however, an application for forfeiture of a guarantee provided by a guarantor shall not be heard unless the guarantor has been given an opportunity to present their arguments.
Presumption
12b13.
[Amendment: 5776]
One who performed an act as referred to in Sections 12a(c) or (c5), 12b2 or 12b3, and whose awareness that the person lodging, working, travelling or driving, as the case may be, is a foreign resident has been proven, bears the burden of proof that the act was performed under one of the following circumstances:
(1)After having verified that the foreign resident was in possession of documents indicating that they entered Israel lawfully and are residing therein lawfully, or, with respect to an offence under Section 12a(c5) — documents indicating that they are permitted to drive a vehicle in Israel;
(2)In circumstances in which they did not suspect that the foreign resident had entered Israel unlawfully, that they were residing therein unlawfully, or, with respect to an offence under Section 12a(c5) — in circumstances in which they did not suspect that the foreign resident was not permitted to drive a vehicle in Israel.
Liability of an Officer in a Corporation
12b14.
[Amendment: 5776]
(a)An officer in a corporation is obligated to supervise and do all that is possible to prevent offences as referred to in Sections 12a, 12b2 and 12b3 from being committed by the corporation or by any of its employees; one who breaches said obligation is liable to the fine prescribed in Section 61(a)(2) of the Penal Law.
(b)Where an offence under Sections 12a, 12b2 or 12b3 has been committed by a corporation or by any of its employees, it is presumed that the officer has breached their obligation under subsection (a), unless they have proven that they did all that was possible to prevent the offence; for the purposes of this section, "officer" means an active director in a corporation, a partner excluding a limited partner, or a clerk responsible on behalf of the corporation for the area in which the offence was committed.
Forfeiture
12b15.
[Amendment: 5776, 5784-2]
(a)Where a person has been convicted of an offense under Section 12a, except sub-sections (c)(1a) and (c6), or 12b2, the court shall order that, in addition to any other punishment, the consideration received by that person or its monetary value shall be forfeited.
(b)Where a person has been convicted of an offense under Section 12a(c)(1a) or (c6) or 12b3, the court shall order, in addition to any other punishment, the forfeiture of property that is one of the following, unless the court sees fit not to do so for special reasons that shall be recorded:
(1)property of the convicted person connected to the offense, including the dwelling or business premises in which the offense was committed;
(2)property of the convicted person that is of equivalent value to the property connected to the offense.
(c)It shall be presumed that all property found in the possession, control, or account of the convicted person is his property, unless proven otherwise.
(d)The provisions under Sections 36a(c), (e) and (f), 36c through 36f, and 36i of the Dangerous Drugs Ordinance [New Version], 5733–1973, shall apply, with the necessary modifications, to the forfeiture of property under this Section.
(e)The powers of search and seizure under the Criminal Procedure Ordinance shall apply, with the necessary modifications, also with respect to property in relation to which a forfeiture order may be issued under this Section.
Supervision
12c.
[Amendment: 5754, 5755-2, 5756-2, 5757, 5758, 5758-2, 5760, 5761, 5761-5, 5765, 5766, 5767-2, 5768, 5769, 5770, 5772-2, 5776]
The provisions of Sections 74 through 76 of the Employment Service Law, 5719–1959, and the provisions of Section 6 of the Foreign Workers Law shall apply also with respect to supervision by the Ministry of Labor and Welfare in relation to Sections 12b2 and 12b3.
Implementation
12d.
[Amendment: 5756-2, 5757, 5758, 5758-2, 5760, 5761, 5761-5, 5765, 5766, 5767-2, 5768, 5769, 5770, 5772-2, 5776]
Notwithstanding the provisions of Section 15 and any other law, the Minister for Internal Security is charged with the implementation of Divisions III and V of this Chapter, and, in addition and separately, the Minister of Labor and Welfare is charged with the implementation of Sections 12b2 and 12b3, with respect to offences committed by an employer as defined in Section 12b1.
Determination of Minimum Sentence — Temporary Provision
12e.
[Amendment: 5784]
(a)Where a person has been convicted of an offence under Sections 12a(c), (c5) or (c6), 12b2 or 12b3, their sentence shall not be less than one quarter of the maximum sentence prescribed for that offence, unless the court has decided, for special reasons that shall be recorded, to impose a more lenient sentence; a sentence of imprisonment under this subsection shall not, absent special reasons, be entirely suspended.
(b)The provisions of this section shall remain in force until the 24th of Nisan 5787 (1 May 2027).
Reporting to the Knesset
12f.
[Amendment: 5784]
The Minister for National Security shall submit to the National Security Committee of the Knesset, at the beginning of the month of January of each year, a report on the number of cases in the year preceding the date of the report in which —
(1)Investigations were opened on suspicion of offences under Sections 12a(c), (c5), (c5a) and (c6), 12b2 and 12b3;
(2)Investigations as referred to in paragraph (1) were closed without the filing of an indictment and the grounds therefor;
(3)Indictments were filed in respect of offences as referred to in paragraph (1);
(4)Judgments and sentences were issued in criminal proceedings conducted in respect of offences as referred to in paragraph (1), and their outcomes.
Need to cite this law in a foreign court?
Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.
Contact Us →Chapter IV: Deportation and Custody
Section A: Removal, Detention and Release on Bail
Removal from Israel
13.
[Amendment: 1985, 2001-4, 2005-2, 2026-2]
(a)Any person who is not an Israeli citizen or an immigrant under the Law of Return, 5710–1950, and who is present in Israel without a residence permit (in this Law – an unlawful sojourner), shall be removed from Israel as soon as possible, unless he has departed of his own accord beforehand.
(b)The removal from Israel of an unlawful sojourner shall be effected pursuant to a removal order issued against him by the Minister of the Interior; a removal order may provide that the costs of removal, including the costs of detention in custody (in this Chapter – the costs of removal), shall be borne by the person against whom the order was issued or by the employer who employed him in Israel without a permit from the Minister of the Interior or in breach of the conditions of the permit, provided that the removal of an unlawful sojourner shall not be delayed solely on the ground that he is unable to bear the costs of removal.
(b1)
(1)Where a removal order issued pursuant to subsection (b) provides that the costs of removal shall be borne by the person against whom the order was issued, and that person has furnished a bail pursuant to the provisions of this Chapter, or has deposited a sum of money while being held in custody or in temporary custody, even if such sum does not constitute bail, the costs of removal may be collected from the bail or from the deposited sum of money, provided that the total costs of removal collected pursuant to this paragraph shall not exceed 7,500 New Shekels.
(2)Where a removal order issued pursuant to the provisions of subsection (b) provides that the costs of removal shall be borne by the employer, the Supervisor, as defined in the Foreign Workers Law, as well as a State employee authorized for that purpose by the Supervisor, may collect the costs of removal from that employer, provided that the total costs of removal collected pursuant to this paragraph shall not exceed 7,500 New Shekels; and the Supervisor may, so long as the employer has not paid the costs of removal in full, refuse to grant that employer a permit to employ a foreign worker pursuant to Chapter D'1 of the Foreign Workers Law, on that ground alone.
(3)The provisions of this subsection are in addition to the provisions under Section 14.
(c)A person against whom a removal order has been issued is obliged to leave Israel and not to return to it for as long as the order has not been revoked.
(d)A person against whom a removal order has been issued shall be served with the order in writing, and shall not be removed before the expiry of three days from service of the order upon him, unless he has departed of his own accord beforehand; however, the Borders Control Supervisor may, upon the request of the person against whom the removal order was issued, defer the removal for a brief and necessary period, not exceeding 14 days, in order to attend to his affairs and his legal rights in Israel which cannot be attended to in his absence; the Borders Control Supervisor may extend this period for special humanitarian reasons; the period of deferral shall not be counted within the days referred to in Section 13f(a)(4).
(e)[(Temporary provision for one year from 26.3.2026):] Notwithstanding the provisions of subsection (d), with respect to an unlawful sojourner who entered Israel as part of his participation in a flotilla intended to breach the lawful naval blockade imposed by the State of Israel on the Gaza Strip, and against whom a removal order has been issued, the provisions of that subsection shall apply with the following modification: instead of "three days" read "24 hours".
Detention
13a.
[Amendment: 2001-4]
(a)In this Chapter –
"detention" – the arrest of a person for the purpose of holding him in a detention facility pursuant to the provisions of this Law;
"detention facility" – any one of the following: a place designated as such under this Law, which has been prescribed by order of the Minister of the Interior and the Minister for Internal Security (in this Law – a special detention facility); a prison as defined in the Prisons Ordinance [New Version], 5732–1971; a place of arrest pursuant to Section 7 of the Criminal Procedure Law (Enforcement Powers – Arrests), 5756–1996 (in this Law – the Arrests Law); and any other place specified in a removal order to the extent required by the circumstances of the matter.
(b)An unlawful sojourner shall be held in detention until his departure from Israel or until his removal therefrom, unless he has been released on a monetary bond, bank guarantee or other appropriate security (in this Chapter – bail), pursuant to the provisions of this Chapter; a person shall be presumed to be sojourning in Israel unlawfully if he is unable to present a residence permit without a reasonable explanation.
(c)The detention of an unlawful sojourner shall be effected pursuant to a detention order issued by the Borders Control Supervisor.
(d)A detention order shall not be issued unless the unlawful sojourner has been given an opportunity to present his arguments; if the unlawful sojourner cannot be located, the Borders Control Supervisor may order, in his absence, that he be held in detention, provided that the sojourner shall be given an opportunity to present his arguments no later than 24 hours after the commencement of his detention.
(e)Where a detention order has been issued, the person held in detention shall be provided, in writing or orally, to the extent possible, in a language understood by him, with information regarding his rights under this Law, as well as his right to have notification of his detention conveyed to a person close to him, to an attorney and to a representative of the State of his citizenship.
Temporary Detention
13b.
[Amendment: 2001-4, 2010-2]
(a)If a police officer or an inspector pursuant to Section 13d has reasonable grounds to suspect that a person is sojourning in Israel unlawfully, or that a detention order or an order for return to detention has been issued against them, they may, after having identified themselves to that person and explained the reason for the demand, require that person to accompany them to a detention facility; if that person refuses to comply with such a demand, the officer or inspector may use reasonable force to bring them to the detention facility; a police officer shall identify themselves pursuant to the provisions of Section 5a of the Police Ordinance [New Version], 5731–1971, and an inspector shall identify themselves as provided in Section 13e(f).
(b)Where a person has been brought to a detention facility pursuant to subsection (a), a police officer authorized for this purpose by the Inspector General of the Israel Police may, after having given that person an opportunity to state their arguments, order in writing that the person be held in temporary detention, and the provisions of Section 13a(e) shall apply with the necessary modifications.
(c)Without prejudice to the provisions of Section 13c, a person shall not be held in temporary detention for more than twenty-four hours unless a detention order has been issued against them by the Supervisor of Border Control.
(d)The powers and provisions conferred upon a police officer pursuant to Section 22 of the Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729–1969, with respect to a search of the body of a detainee, shall be conferred upon a police officer and an inspector with respect to a search of the body of a person held in detention, with the necessary modifications.
Deadline for Decision
13c.
[Amendment: 2001-4]
A decision regarding the detention or release on bail of an unlawful sojourner shall be rendered no later than twenty-four hours from the commencement of their detention, unless this is prevented due to the need to establish the identity of the unlawful sojourner, or for another substantive reason; the same applies with respect to the issuance of a removal order.
Appointment of Inspectors
13d.
[Amendment: 2001-4]
(a)The Minister of the Interior may appoint inspectors for the purposes of this Law from among the employees of his Ministry, or from among State employees in another ministry with the consent of the Minister responsible for that ministry (in this Law – an inspector); notice of the appointment of an inspector shall be published in the Official Gazette.
(b)A person shall not be appointed as an inspector as referred to in subsection (a) unless both of the following conditions are met:
(1)he has received appropriate training, as prescribed by the Minister of the Interior after consultation with the Minister for Internal Security;
(2)the Israel Police has not notified, within one month of the Minister of the Interior's inquiry, that it objects to his appointment on grounds of public safety.
Enforcement Powers
13e.
[Amendment: 2001-4, 2003, 2007, 2010-2]
(a)For the purpose of implementing the provisions of this Chapter, an inspector or a police officer may –
(1)require a person whom there are grounds to believe is sojourning in Israel in a manner requiring a residence permit under this Law, to identify himself and to present before him documents relating to his sojourn, and also to provide him with information relating to his sojourn;
(2)enter at any reasonable time any premises, other than a place of residence, with respect to which there is a suspicion that a person sojourning unlawfully in Israel is present, in order to conduct an inquiry into the matter.
(b)Where a suspicion arises of the commission of an offence under this Law, an inspector or a police officer, as the case may be, may seize any document connected to such offence.
(c)A judge of the Magistrate's Court may, upon the application of an inspector or a police officer, issue an order permitting an inspector or a police officer to enter premises used as a place of residence in order to conduct an inquiry regarding compliance with the provisions of this Law, as referred to in subsection (a), if the judge is satisfied that one of the following applies:
(1)there are reasonable grounds to suspect that a person sojourning unlawfully in Israel is present therein;
(2)there are reasonable grounds to believe that a person whose sojourn in Israel requires a sojourn permit under this Law is present therein, and the inspector or police officer has requested permission to enter the premises in order to conduct an inquiry into the matter and their request was not answered;
(d)Entry pursuant to this Section shall be carried out only after the police officer or inspector, as the case may be, has identified himself before the person who appears to be the occupant of the premises and has notified him of the purpose for which entry is sought, and in premises used as a place of residence – has presented before him the court order pursuant to subsection (c); if the occupant of the premises did not permit entry, they may use reasonable force against a person or property after having warned him accordingly.
(e)The Inspector General of the Police shall establish in a procedure the manner of operation of the Police pursuant to this Section; the said procedure shall be published on the Police website.
(f)An inspector shall not exercise the powers vested in him under this Law except in the course of performing his duties and when both of the following conditions are met:
(1)he is openly wearing a tag identifying him and his position, and he is wearing inspector's uniform, in the colour and form prescribed for this purpose by the Minister of the Interior, provided that such uniform does not appear to be a police uniform;
(2)he holds an inspector's certificate signed by the Minister of the Interior, attesting to his position and powers, which he shall present upon request.
Release on Bail
13f.
[Amendment: 2001-4, 2005-2]
(a)The Borders Control Supervisor may release an unlawful sojourner on bail in accordance with the provisions of this Section; an unlawful sojourner shall not be released on bail unless one of the following applies to him:
(1)the Borders Control Supervisor is satisfied that his unlawful sojourn stems from a bona fide mistake or mishap, and that he will depart from Israel by the date set for him;
(2)the Borders Control Supervisor is satisfied that he will depart from Israel on his own accord within a date set for him, and that there will be no difficulty in locating him if he does not depart on his own accord by the date set;
(3)the Borders Control Supervisor is satisfied that by reason of his age or state of health, his detention in custody is likely to cause harm to his health, or that there are other special humanitarian reasons justifying his release on bail, including where, as a result of detention in custody, a minor would be left without supervision;
(4)he has been held in custody for more than 60 consecutive days.
(b)Notwithstanding the provisions of subsection (a), an unlawful sojourner shall not be released on bail if one of the following applies:
(1)his removal from Israel is being prevented or delayed due to a lack of full cooperation on his part, including with regard to clarifying his identity or arranging the procedures for his removal from Israel;
(2)his release is likely to endanger State security, public safety or public health; unless the conditions referred to in the opening passage of paragraph (3) of subsection (a) are met and there is no other way to prevent harm to his health.
(c)Release from detention shall be subject to conditions set by the Borders Control Supervisor, including bail, for the purpose of ensuring the attendance of the unlawful sojourner for the purpose of his departure from Israel or his removal therefrom at the date set, or for the purpose of other proceedings under this Law; the Borders Control Supervisor may, at any time, reconsider the conditions of bail if new facts have come to light or if the circumstances have changed since the decision on release on bail was made.
(d)An unlawful sojourner who has been released on bail from detention shall be granted by the Minister of the Interior a temporary visitor's residence permit pursuant to Section 2(a)(5) for the period of release on bail; the validity of the said temporary permit is conditional upon compliance with the conditions of release on bail.
(e)Where a guarantor has requested to cancel a bail he has provided, the Borders Control Supervisor may accede to or refuse the request, provided that his decision shall be such as to ensure the attendance of the unlawful sojourner by means of alternative bail; if the attendance of the unlawful sojourner cannot be ensured by the provision of alternative bail, the unlawful sojourner shall be returned to detention.
(f)Where the unlawful sojourner has departed from Israel or has been removed therefrom by the date set, he and his guarantors shall be discharged from their obligation and the monetary bond shall be returned, all as applicable and subject to the provisions of Section 13(b1).
Return to Detention and Forfeiture of Bail
13g.
[Amendment: 2001-4]
(a)If the Supervisor of Border Control is satisfied that an unlawful sojourner who has been released on bail has breached or is about to breach any of the conditions of their release on bail, they may order by way of an order that the person be returned to detention, and may also order the forfeiture or realization of the bail.
(b)An order for the forfeiture or realization of bail as referred to in subsection (a) shall not be issued unless the unlawful sojourner or the guarantor, as the case may be, has been given an opportunity to state their arguments, provided that they can be located by reasonable means.
Conditions of Detention
13h.
[Amendment: 2001-4]
(a)An unlawful sojourner held in detention shall be held in appropriate conditions that shall not, having regard to the circumstances of the matter including the duration of their detention, prejudice their health or dignity.
(b)An unlawful sojourner held in detention shall be held in a cell separate from criminal prisoners and remand detainees.
(c)The provisions of Section 9(b) of the Arrests Law shall apply to detention under this Law, with the necessary modifications.
(d)The provisions of Section 10 of the Arrests Law shall apply to detention under this Law, with the necessary modifications.
(e)The Minister for Internal Security, with the consent of the Minister of the Interior and with the approval of the Interior and Environmental Quality Committee of the Knesset, may prescribe, subject to the provisions of subsection (a), other provisions regarding the conditions of holding in a special detention facility, including provisions regarding the conditions of holding of families and children.
(f)A summary of the rights and obligations of unlawful sojourners in the detention facility shall be posted in a prominent location in the detention facility in Hebrew and in English.
Limitation on Application
13i.
Notwithstanding the provisions of Section 1(c) of the Arrests Law, the provisions of that Law shall not apply with respect to proceedings and powers under this Law unless expressly provided otherwise in this Law.
Removal from Israel
13j.
[Amendment: 1995, 1996, 2001-4, 2004, 2009-2]
(a)In this Section –
"Gaza and Jericho areas" – the areas included within the territorial jurisdiction of the Palestinian Authority pursuant to the Agreement;
"the Agreement" – the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, signed in Washington between the State of Israel and the Palestine Liberation Organization on the 4th of Tishrei 5756 (28 September 1995), including its annexes and accompanying documents;
"the Area" – Judea, Samaria and the Gaza Strip, excluding the areas of the Palestinian Council;
"areas of the Palestinian Council" – the areas included from time to time within the territorial jurisdiction of the Council pursuant to the Agreement;
"police officer" – a police officer of the rank of Inspector and above, authorized by the Inspector General of the Police for the purpose of this Section;
"permit" – as defined in the order concerning the entry of residents of the Area or areas of the Palestinian Council into Israel, as amended pursuant to Section 17(b).
(b)In addition to what is provided in any law, a police officer or the Borders Control Supervisor may order in writing the removal from Israel of a resident of the Area or a resident of the areas of the Palestinian Council, who are not Israeli citizens (hereinafter – a resident), sojourning in Israel without a permit or not in accordance with the conditions of the permit, or who has been convicted of an offence under Section 12.
(c)A police officer or the Borders Control Supervisor shall not decide on a removal as aforesaid unless the resident has been given an opportunity to present his arguments; the police officer or the Borders Control Supervisor, as the case may be, shall prepare a written report detailing the resident's arguments and the reasons for the decision.
(d)The decision regarding the removal of a resident from Israel shall serve as authority for his detention until his removal, for a period not exceeding 96 hours; a police officer of the rank of Deputy Commissioner and above or the Borders Control Supervisor may extend this period, provided that it shall not exceed an additional 72 hours.
(e)The Borders Control Supervisor shall not exercise his powers with respect to this Section unless both of the following conditions are met:
(1)he has received appropriate training, as prescribed by the Minister of the Interior after consultation with the Knesset Interior and Environmental Protection Committee;
(2)the Israel Police has not notified, within one month of the Minister of the Interior's inquiry, that it objects thereto on grounds of public safety.
Need to cite this law in a foreign court?
Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.
Contact Us →