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«The law on darkone»: innovations and possible tricks of the interior Ministry. Comment by lawyer Ali Gervice

As reported, on Monday, June 26, in the second and third readings at the Knesset plenary session adopted the «Law on passports» relating to new immigrants.

The bill was initiated by the Deputy Oded Forer, and it says that new immigrants will be able to obtain an Israeli passport («Darkon») without the one-year «trial period» without «proof of residence in Israel.»

This bill was supported by 26 MPs. Voted «against» was not.

In the amendment law of 1952 stated, «the interior Minister cannot refuse a new immigrant who received Israeli citizenship in accordance with the Law of return, the results of the first passport just because of the fact that he is still «ingrained» in Israel.»

On the website of the Knesset stated that the law will take effect within 30 days after it is published, and it will also apply to those who immigrated prior to its adoption.

As reported earlier, the press service of the Knesset, after the adoption of the law also does away with the need to prove that the immigrant has been in Israel at least 75% of the time after repatriation.

Editorial addressed to the lawyer Ali Gervice to clarify the impact of the adoption of the «law on darkone».

Review Ali Gervice

The final version of the law speaks for itself. First, the new law deprives the Minister of internal Affairs to refuse to issue the first of Darkon, the new immigrant is only for the reason that he has not yet taken root in Israel. Secondly, the new provisions will apply not only to those who receive Israeli citizenship after July 26, 2017 (date of entry into force), but also on those who received Israeli citizenship through repatriation in the past.
It is especially important to compare the text of the law passed by the Knesset in the final, third reading, with the bill adopted in the first reading. There are two important changes, both in favor of new immigrants.

First: the Ministry of internal Affairs tried to «vytsyganit» 30 days in the vetting of new immigrants – such an explanation was given of the Knesset’s internal Affairs – but on the way from the first to the third reading this quarantine period is gone.

Second: initially, the bill was not spelled out, whether he and those who received citizenship, but did not receive Darkon, before the amendment enters into force. In the final version of the law this time is specified in black and white.

But I want to point out two things that may be perceived as «a spoon of tar». The adopted law now says about the «new immigrants, are not rooted in Israel», but «new immigrants, while not rooted in Israel.» This «while» could allow the Ministry of internal Affairs to refuse the issuance of Darkon those who received Israeli citizenship, and Israel is not living – the interior Ministry could claim that such immigrants do not «have not yet taken root», and «not put down roots» in Israel.

In addition, the amendment requires the Minister of the interior to grant new immigrants, only the first of Darkon. This means that when a new immigrant comes to extend the validity of Darkon, the interior Ministry will again be able to start «stand with counter», and count the days spent by the immigrant out of Israel.

The owners of the loess pass, the number of which is measured probably in tens of thousands, in any case will have to wait until a month, and a new version of the law on passports will come into force. I am sure that at the end of July the first «long» holders of the loess pass will try to exchange it for Darkon. How will this process, while difficult to say.

Editorial will continue to monitor the implementation of the «law on darkana» and will try to provide timely information to readers.

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«The law on darkone»: innovations and possible tricks of the interior Ministry. Comment by lawyer Ali Gervice 27.06.2017

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