ABSTRACT
By 2015, it became clear that the amendments to the Law for the Prevention of Infiltration could not prevent asylum-seekers from settling down in Israel. Consequently, the government adopted a policy of coerced deportation, under which some asylum-seekers were obligated to leave Israel for Rwanda and those who refused were detained indefinitely. However, the attempt to revive the traditional role of immigration detention as an aid to deportation has failed, as the Supreme Court ruled that detention could not be used to coerce asylum-seekers to leave Israel. The ruling, which the Court justified largely based on conventional criminal law principles, further demonstrates the power of the paradox of exclusion in constructing migrants as partial/conditional members of the community.
