Nearly 1,000 Myanmar nationals have been detained in Malaysia so far this month as part of an ongoing immigration enforcement operation, according to aid workers assisting the Myanmar community, as the government’s Migrant Repatriation Program ends on Dec. 31. 

“From the day of arrest, cases are brought to court within 14 days. Following conviction, detainees typically serve around four months in prison,” said Min Htike, a Myanmar migrant labour rights specialist in Malaysia.

The most recent crackdown by Malaysian authorities on undocumented foreign nationals began in October in the states of Johor and Selangor, which surrounds the federal territories of Kuala Lumpur and Putrajaya. This is where the majority of Myanmar nationals, either work as migrants or live as refugees and asylum seekers in Malaysia.

“After completing their prison term, they are transferred to immigration detention centers, where Myanmar embassy officials handle documentation processes. Once registered, those scheduled for return must arrange their flight tickets. Only after confirming flight arrangements does the embassy authorize their return to Myanmar,” added Min Htike.

This immigration crackdown comes as the 10-month amnesty for undocumented migrants to leave Malaysia comes to an end next week. Malaysia’s Migrant Repatriation Program allows all undocumented foreign nationals to present themselves to immigration without facing arrest or penalties but they must pay a fine and prove they have made necessary travel arrangements to depart the country before Dec. 31.

Malaysian authorities generally impose prison sentences ranging from five months to one year before repatriating undocumented migrants along with others who violate visa restrictions, in accordance with the immigration law. This leaves Myanmar nationals in a difficult position if being held in detention and not allowed to leave the country as requested under this amnesty program. 

The National League for Democracy (NLD) OC International Malaysia estimates that approximately 100,000 Myanmar nationals are currently detained in prisons and immigration detention centres across Malaysia – including in its biggest city Kuala Lumpur, where most Myanmar nationals have been detained for not having proper documentation and lack the necessary funds to be released and repatriated.

“Most people arriving in Malaysia have fled airstrikes, having lost their homes and livelihoods [in Myanmar]. Many young people have also escaped mandatory conscription laws,” said Kris, the NLD OC International Malaysia foreign affairs officer.

Undocumented migrants are unable to seek assistance from the U.N. High Commissioner for Refugees (UNHCR) in Bangkok, Thailand so some prefer to head 915 miles (1,474 km) south to Kuala Lumpur, where they could receive U.N. protection as asylum seekers or refugees through its registration program, and potential resettlement to a third country.

The regime in Naypyidaw, which seized power after the 2021 military coup, enforced a conscription law on Feb. 10. This has led to an exodus of conscription aged men (18 to 35) and women (18 to 27) from Myanmar into neighbouring Thailand with some reaching Malaysia, according to aid workers in Kuala Lumpur.

“For those without documentation, we provide membership cards. These cards allow individuals to register online with the UNHCR. While these cards are not official UNHCR identification, the registration documents they generate are critical for any legal proceedings. Without this application form, legal cases cannot proceed,” added Kris.

Aid workers assisting the Myanmar migrant community in Malaysia report a spike in arrests this month due to low voluntary return rates and the amnesty program due to end on Dec. 31.

They expect to see more arrests made in January following the end of the amnesty program and Myanmar nationals are not eligible for exemption even through the crisis since the 2021 coup continues, and the Association of Southeast Asian Nations (ASEAN) has been ineffective in getting the regime to accept its peace plan, known as the Five-Point Consensus.