Decolonising migration law and border security in Israel: The intersectional and colonial impact of the Prevention of Infiltration Law

Around the world, so-called migration crises often mask severe human rights violations resulting from domestic laws and border securitisation policies. Abuses occur along numerous routes taken by migrants and refugees. This article argues that these routes, as well as the laws and policies governing them, require greater scrutiny to understand their impact on those seeking refuge. In this context, this qualitative research paper focuses on Israel and combines an analysis of existing theoretical literature with an empirical approach. Drawing on fieldwork conducted in Israel, the article examines the intersectional impact of the Israeli legal framework. It argues that the law is a colonial legacy that perpetuates the exclusion of individuals based on their identity. Furthermore, it promotes the economic marginalisation of African refugees by relying on outdated narratives that falsely define them as ‘infiltrators’ and deem their asylum claims illegitimate. This framework reflects a broader legacy of the Israeli-Palestinian conflict. Therefore, the study contends that decolonising the legal system is essential. The law, along with its intersectional effects, has led to the racialised and gendered exclusion of African refugees from refugee status determination procedure and from Israel’s economic life. As a result, many are pushed to the social and spatial margins of Israeli society, particularly in the city of Tel Aviv, where a large number reside.