PUTRAJAYA: The Immigration Department will be meeting representatives from the Attorney-General’s Chambers and the Chief Justice next week to discuss stricter penalties for employers who harbour illegal foreign workers.
Immigration director-general Datuk Mustafar Ali said the department will propose introducing whipping as a penalty for employers who commit the offence.
"We have been having a series of engagements with the people and in their views, they suggested whipping as punishment for employers who refuse to register their foreign workers.
"I hope to bring this up with the AG’s Chambers and Chief Justice," he told reporters after the department's monthly assembly today.
Previously, Deputy Home Minister Datuk Nur Jazlan Mohamed had said that caning was among the penalties imposed on employers, other than compound amount of RM5,000 under the Immigration Act 1959/63 (Amendment 2002). However, the punishment was never implemented.
Under Section 55B of the Act, employers found guilty of protecting illegal foreign workers are fined RM50,000 and face a jail term up to 12 months.
Meanwhile, Mustafar said among other matters which will be brought up include expediting case hearings for illegal foreign workers at the Special Court for Illegal Workers, established at the detaining depot.
“Currently, the court only hears one case a week. This number is too small as we now have more detainees at the depot as the department has gone all out to arrest undocumented foreign workers," he said.
Mustafar said the department will also not be extending the deadline for its rehiring and 3-plus-1 programme for employers and illegal workers, which ends on Dec 31.
Similar to the application of Enforcement Card or E-card , he said late applications and pleas for extension will not be entertained.
“I would like to stress again that there will not be any extension. Enforcement will be carried out forcefully to detain those who failed to register.
“People shouldn't wait until the eleventh hour to apply," he said.
He said Ops Mega, which was carried out to track down and detain employers and illegal workers who failed to obtain the E-card, will continue every day, even after Dec 31.
“We will not stop until we register every foreign worker in the country.”
He said employers and foreign workers who wish to stay on and work in Malaysia must take the registration drive seriously.
“They (illegal foreign workers) must know the consequences of being detained and sent back. Foreign workers will be blacklisted from returning to the country,” he added.
The rehiring programme was introduced last year when the government stopped the recruitment of new foreign workers. Illegal foreign workers however can seek to be legalised under the programme, which began on Feb 15 last year.
The 3-plus-1 programme, on the other hand is a voluntarily surrendering of illegal workers. Those who surrender would only be charged a penalty of RM400 instead of paying up to RM5,000 if they were caught by the authorities, Mustafar said.
"Under the 3-Plus-1 programme, they will need to pay a fine of RM400, buy an air ticket and return to their countries of origin. They will also be given a blacklist period, which can be up to five years, where they are barred from entering Malaysia,” he added.
Mustafar said that so far, 164,000 illegal workers have registered for the E-Card while another 495,000 have registered for the rehiring. However, only 129,000 applicants have been successful for the latter category.
“As such, we have some 500,000 workers to register until end of this year,” he added.
The 3-plus-1 programme saw 141,488 illegal immigrants being registered from Jan 4 to yesterday.
"As of last night, we have conducted 9,521 enforcement operations nationwide. A total of 29,665 illegal workers were arrested and 36,102, including those from the depot, have been deported to their country of origin.”