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26 May 2020 – Malaysia

Immigration Director-General Datuk Khairul Dzaimee Daud (left) and other Immigration officers check the papers of a detained non-national (The Star, https://www.thestar.com.my/news/nation/2020/05/12/immigration-detains-1368-illegals-after-kuala-lumpur-wholesale-market-raid-monday-may-11)
Immigration Director-General Datuk Khairul Dzaimee Daud (left) and other Immigration officers check the papers of a detained non-national (The Star, https://www.thestar.com.my/news/nation/2020/05/12/immigration-detains-1368-illegals-after-kuala-lumpur-wholesale-market-raid-monday-may-11)

According to information submitted to the GDP by Kendra Rinas, the IOM’s Chief of Mission in Malaysia, all immigration detainees (believed by the IOM to number over 13,000 people) are now being tested for the virus, and on 26 May authorities ceased issuing new detention orders. These developments emerged following news of rapidly rising numbers of confirmed cases inside Malaysian immigration “depots.”

Despite the threat the pandemic poses to detained populations, Malaysian authorities have scaled up immigration arrests, carrying out raids in areas with large numbers of migrants and refugees (see 3 May update). On 21 May, the UN’s Special Rapporteur on the human rights of migrants, Felipe González Morales, criticised the country for its treatment of non-nationals during the crisis, pointing to the raids and arrests and warning, “In such a situation, migrants might not come forward anymore for testing, or access health services even when showing symptoms of the coronavirus.”

Malaysia is one of several countries – another notable case being South Africa (see our 26 May update on the country) – that have failed to put up “firewalls” between agencies during the crisis that would enable undocumented people to access services without risk of enforcement measures like arrest or detention, which risks exasperating the crisis.

As many have feared, cases of Covid-19 amongst the country’s immigration detainee population began to rise in the wake of these raids. On 25 May, the country’s Director General for Health Noor Hisham Abdullah announced 172 new cases – of which 159 were foreigners, including 112 cases in three of the country’s immigration detention facilities (in Sepang, Bukit Jalil, and Semenyih).

According to the IOM, deportations have continued throughout the pandemic. On 12 May, almost 400 Myanmar nationals were deported on charter flights – reportedly in an effort to free up additional space in detention facilities. (The previous day, for example, saw more than 1,300 non-nationals—including 98 children—arrested in a raid in Kuala Lumpur.) Rinas also adds that several embassies have been working with immigration authorities to expedite deportations in order to prevent lengthy stays in detention.