The State has motioned to deny a petition filed against Yishai's decision arguing it was premature as the issue was still being discussed by senior officials.
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Last August, Yishai stated that Sudanese nationals who are residing in Israel illegally will be placed in detention facilities beginning October 15.
"At this time, the Immigration Authority has yet to receive any order pertaining to the incarceration of Sudanese infiltrators," the State said in its response to the petition.
"Should such a decision be made in the future it will be stated publically by the authority, 30 days before going into effect."
The State further noted that the issue has been under discussion for several months.
Along with the petition, a motion for an interim order to prevent the Sudanese's incarceration pending a court ruling was also filed. On October 11, Jerusalem District Court Judge Nava Ben-Or issued an interim order banning such an arrest.
A hearing was scheduled for October 30.
Aviel Magnezi contributed to this report
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