Criminalization of Asylum Seekers in Israel: Toward an Agentic Research Perspective that Opposes Othering and Estrangement

Abstract

At the start of the millennium, asylum seekers (ASs) from Eritrea and South Sudan began arriving in Israel as a consequence of armed conflicts in their countries. In their first months of stay, their civil status was not regulated. Later on, the state regulated it based on the Prevention of Infiltration Law (1954), originally designed to prevent Palestinian-Arab refugees from returning to the country. The African ASs represent less than one-third of the undocumented immigrants in Israel but their skin color highlights their alienness thus they are prone to both official and unofficial criminalization. This paper deals with state violence directed at the African ASs through practices of criminalization and othering as applied by Israeli politics and the justice system towards undocumented African migrants in Israel as dangerous and undesirable others. The discussion presents implications for an agentic human rights action-based model for further inquiry and practice that resists othering.