Experts call for crackdown on M’sians enabling illegal migrant employment
PETALING JAYA: Enforcement against the abuse of social visit passes must also include local collaborators, agents and licence-holders who allowed this problem to persist.
Tenaganita executive director Glorene Das said the real test for the authorities is whether the crackdown also addresses system loopholes and local complicity.
“If locals are complicit, we expect equally firm action against them too, not just against migrants.
“We have seen how crackdowns can spill over onto vulnerable migrants, including people trying to survive day-to-day, and can create fear that pushes communities further underground,” she said when contacted.
The recent move by the Home Ministry to “zero in” on violators comes amid longstanding concerns that social visit passes intended for tourism or short-term stays are being misused to gain employment.
She stressed that any further action should be targeted at organised profiteering and exploitation, and must include a clear standard operating procedure, due process, safeguards against abuse/extortion, and coordination with local councils and licensing bodies.
“This is to ensure enforcement goes after the real organisers and beneficiaries, not just the easiest people to arrest,” she added.
She also said there should be more than just raids, such as closing loopholes that enable nominee “borrowed licence” models, and strengthening oversight on who truly controls a business.
“When business operations can be ‘fronted’ through a local name or licence, the system becomes easy to exploit, and this has been documented repeatedly in different forms over the years.
“Collusion with locals is significant because these arrangements don’t work without local facilitators, nominees, agents, or business partners,” she said.
Criminologist Dr Haezreena Begum Abdul Hamid said the latest directive may have been prompted by a rise in detected violations, as well as mounting complaints from businesses about unfair competition arising from irregular labour practices.
Some Malaysian employers, she added, knowingly take risks by hiring foreigners on social visit passes to cut costs.
“We already have legal provisions against employing foreigners unlawfully. Yet people continue to abuse them,” she said.
However, Haezreena cautioned against viewing the issue solely through the lens of individual wrongdoing, as some might be misled by unscrupulous intermediaries.
“There are many bogus agents. Some agencies conduct legitimate business but also engage in illegitimate dealings on the side.
“Under the current framework, employment agencies must be registered, but individual agents operating under them may evade close oversight.
“This creates opportunities for abuse, including side arrangements that bring in foreign nationals under social visit passes with promises of lawful employment,” she added.
While Immigration officers are entitled to detain and prosecute those without valid permits, Haezreena suggested that authorities must also assess whether individuals are potential victims of trafficking or deception.
She said many of those caught in violation are poor, poorly educated or deceived, and some may have been assured by agents that all documentation was in order, only to discover otherwise upon arrest.
“A significant proportion of affected workers, particularly those in low-skilled or so-called 3D (dirty, dangerous and difficult) sectors, may not fully understand the distinction between a visa and a work permit.
“Many believe that if they have a passport and a visa, they can work. They do not realise they require a separate work permit,” she added.
