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The Ecosoc News Monitor

24 August 2008

'Circular to blame for immigration problems'

NST Online, 24 Aug 2008

A circular issued to the Immigration Department about two years ago is now believed to be largely responsible for the major influx of illegal immigrants into the country.

In fact, some officers in the department believe that the document is the bane of Malaysia's immigration problems, as it virtually "orders" officers at the country's borders to "close an eye" to incoming tourists, however, suspicious they might seem.

The circular, dated Sept 29, 2006, which was made available to the New Sunday Times, directed the department to cease asking tourists coming into the country to show proof that they had at least US$50 (RM167) for every day they spend in the country.

The directive overruled an earlier circular dated May 23, 2006.

The first circular was issued following concern that many foreigners, on the pretext of visiting the country, were in fact here to work. It also noted that many of the bogus "visitors" were involved in prostitution.

It also asked the foreign attaches to remind tourists in their home countries to bring proof of their intention as tourists, including preparing travellers' cheques, before leaving for Malaysia.

No reason was given for the cancellation of the ruling.

Statistics reveal that last year, the department detained 57,257 immigrants for various offences, which is double that of the 2005 figure.

The government also charged 22,026 illegal immigrants and had to dig deep into its pockets to repatriate 62,879 more last year.

In 2005, 31,537 of them were sent back.

It is understood that it costs RM20 a day to keep an illegal immigrant at a detention centre.

The department estimates that it spends no less than RM5 per person on food alone.

An officer who spoke on condition of anonymity said it was high time that the directive be retracted if the government wanted its immigration laws to be better enforced.

He said the ruling did not reflect the government's seriousness in curbing the problem of illegal immigrants entering the country.

The government's latest effort to flush out illegals is now focused on Sabah, where more than 150,000 undocumented immigrants are expected to be repatriated. Some RM50 million has been allocated for the operation.

"But so long as the circular is not retracted, our hands will continue to be tied.

"Genuine tourists will naturally have money with them and would have booked hotel rooms.

"We don't see what is wrong with asking a tourist coming into the country to show proof that they are here as travellers, as checks like these are conducted at Immigration counters all over the world."



The problem faced by officers at the country's borders and major ports in enforcing existing laws, he added, was further compounded by an "understanding" that immigration officers should not be "asking tourists too many questions".

However, the law allows immigration officers to conduct assessments to prevent the entry of undesirables.

It specifies that they can deny entry to, among others, those who fail to show proof of their source of income and those suspected of being prostitutes.

The former home affairs minister, Datuk Seri Mohd Radzi Sheikh Ahmad, had once said the "ask less and smile more" approach was seriously compromising national security.