African border infiltrators arrested by the Israel Defense Forces while crossing into Israel from Sinai are now being immediately returned to Egyptian territory.

Dozens of illegal immigrants were returned to Egypt this past week, leading human rights groups to petition the High Court of Justice for a temporary injunction against the expulsions.

On Tuesday, Haaretz learned of the "immediate return" policy from soldiers serving on the Egyptian border, and the army confirmed the news yesterday. The same army sources said that the policy of immediate expulsion was dictated by senior political officials, and is being carried out with Egyptian cooperation.

Dozens of illegal immigrants from Africa have been sent back to Egypt. Israeli border patrols handed some directly to Egyptian troops.

Would-be infiltrators have been shot by Egyptian patrols in the past, but sources in Israel insisted yesterday that none of the expelled were harmed by the Egyptians.

The "immediate return" policy was stopped a year ago, following protests by human rights groups.

The human rights groups argued that the people sent back Egypt were in mortal danger, and that Cairo's policy was to return them to their home countries - primarily Sudan - where they sometimes faced execution.

In March, Prime Minister Ehud Olmert ordered the IDF to bring back the "immediate return" policy. Human rights groups argue this move contravenes a Supreme Court order to halt the policy until it is decided whether it contravenes international law.

One of the main legal issues is whether the illegals qualify for "refugee" status or are "economic migrants." One crucial angle is whether the IDF is in a position to ascertain the identity of individuals crossing into Israel from Sinai.

The Israel Defense Forces Spokesman did not respond to this question.

Copyright Ha'aretz News 2008