A Tel Aviv court prevented the deportation of 12 migrant workers’ children on Wednesday, following petitions by an Israeli advocacy group who claimed the children were just days from meeting the government’s recently published criteria.
According to the set of guidelines approved by the government on August 1, children of migrant workers who have been in the country for at least five years prior to the government decision and who are beginning first grade or higher this coming school year will be eligible for permanent residency status.
The Hotline for Migrant Workers began submitting petitions to the Tel Aviv Administrative Court on behalf of the children last month, who are all enrolled in state-run kindergartens and were less than 5 years old on the day that the government approved the new set of criteria.
On Monday, Judge Kobi Vardi of the Tel Aviv District Court issued a temporary injunction against the imminent expulsion of the children in question, saying that the children’s situation must be weighed on a case-by-case basis.
"At this point the petitions’ chances cannot be ruled out, nor can we rule out the need to investigate whether these cases fall under the definition of ‘borderline,’ Vardi wrote in his ruling, adding that, "considering the gravity of the subject, and that the petitioners are five years old and have spent a significant period in Israel," the petition would be accepted and the warrant issued.
The Interior Ministry had already voiced its opposition to the injunction, claiming the families could take advantage of it.
Speaking at courtly a ministry representative said that, "relying on past experience, with the new school year having already begun, and as the school year proceeds, those who do not meet the criteria will petition the government to wait until the year is over, a postponement which could harm the public’s interests."
Osnat Cohen-Lifshitz, an attorney who represents the organization, said the Interior Ministry’s stance was "obtuse," and wondered whether the ministry intended to "expel five-year-olds now, and then, if they were to be ruled eligible, return them to Israel in a year?"
"It is unclear in what way 12 children remaining in Israel until the proceedings in their matter are exhausted could jeopardize the public interests of the State of Israel," Cohen-Lifshitz added.
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