Recent Trends in Transnational Population Inflows Into Malaysia: Policy, Issues and Challenges
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Migration Control in Malaysia: Shifting Toward Internal Enforcement
Asia-Pacific Social Science Review (2017) 16(3): 46–64 RESEARCH ARTICLE Migration Control in Malaysia: Shifting Toward Internal Enforcement Choo Chin Low and Khairiah Salwa Mokhtar Universiti Sains Malaysia [email protected] Abstract This article examines two aspects of migration control in Malaysia. First, it deals with the question of how the securitization of border control is tied to a wider dynamics of national interest. Based on the notions of “security versus facilities,” this article contextualizes how the institutional sites of governance are frustrated by the open-border policy and a liberal visa policy. Second, the paper argues that internal enforcement is a neglected part of the state’s migration control. As a self-proclaimed country of “zero irregular migrants,” Malaysia has relied heavily on external control: militarizing border crossings and criminalizing irregular migrants through raids, detention, and deportation. The study used a hybrid technique of data collection which integrates elite interviews, official publications, and online news media. The paper highlights a pressing need to formulate a critical approach to internal enforcement. A shift to internal control—identification, surveillance, and employer inspections—is crucial in addressing the root causes of migration, though controlling physical borders is still important. Keywords migration control, border security, interior enforcement, surveillance, Malaysia Border security is an inherent component of the & Schuster, 2005). The border, according to de Genova study of migration control. In debating migration control (2002, p. 436), is “the theater of an enforcement crisis.” measures, there are two schools of thought. Some of the Enforcement at the “revolving door” is critical, as the literature suggests that internal control—deportation, majority of arrests consist of new clandestine entries. -
Re-Thinking Illegal Entry and Re-Entry
ARTICLE_2_KELLER.DOCX 11/6/2012 11:19 AM Re-thinking Illegal Entry and Re-entry Doug Keller* This Article traces the history of two federal immigration crimes that have long supplemented the civil immigration system and now make up nearly half of all federal prosecutions: illegal entry and illegal re-entry. Little has been previously written about the historical lineage of either crime, despite the supporting role each has played in enforcing the nation’s civil immigration laws, particularly along the U.S.-Mexico border. This Article takes a critical look at the enforcement of each crime—from when they were initially conceived of as a way to deter illegal immigration, then as a way to target dangerous aliens, and most recently as a means to do both. These shifting strategies, however, have one thing in common: ineffectiveness. Enforcing the crimes has never meaningfully deterred illegal immigration, and the government’s poorly designed proxy to determine whether an alien is “dangerous” has ensured that prosecutions have not made the public safer. The most recent period is particularly troubling—enforcement has led to approximately 72,000 combined prosecutions a year, at the cost of well over a billion dollars a year, and at the expense of prosecuting more serious crimes. Despite these huge costs and the related human carnage, the criminalization of illegal entry and re-entry is invariably left out of the discussion of comprehensive immigration reform, which reflects the silent treatment these crimes have received in the immigration and criminal law literature more generally. By reviewing eight decades of ineffective policy, this Article makes the case for why there should be a fundamental re-thinking concerning the way in which the United States uses the criminal justice system to regulate immigration. -
Discrimination Against Migrant Workers in Malaysia*
556 MIMBAR HUKUM Volume 28, Nomor 3, Oktober 2016, Halaman 556-568 DISCRIMINATION AGAINST MIGRANT WORKERS IN MALAYSIA* Zainal A. Ayub** , Zuryati M. Yusoff***, Harlida A.Wahab****, Muhammad H. Badarulzaman***** Labour Law, School of Law Universiti Utara Malaysia UUM-COLGIS, 06010 UUM Sintok, Kedah, Malaysia Abstract Migrant workers are often discriminated in almost every aspect of life. Using doctrinal research methodology, this article discusses direct and perceptive discrimination against them. This article concludes that physical discriminations are mostly happened because ineffective enforcement of the law, abuse of powers and human-trafficking problem. Besides, perceptive discrimination happened due to the claim that migrant workers contribute to the crimes hike in Malaysia whereas it is unsupported based on statistic given by The Royal Malaysian Police. Key words: discrimination, migrant workers, crime rate. Intisari Diskriminasi terhadap pekerja migran di Malaysia berlaku hampir dalam setiap aspek kehidupan mereka. Penelitian ini dilakukan melalui metode penelitian doktrinal dan membicarakan mengenai diskriminasi secara langsung (fisik) dan diskriminasi berdasar persepsi terhadap golongan migran. Kesimpulannya adalah diskriminasi secara langsung terjadi karena ketidakefektifan undang-undang, relasi kuasa dan perdagangan manusia. Sedangkan diskriminasi berdasar persepsi terjadi karena adanya klaim bahwa pekerja migran menyebabkan peningkatan jinayah padahal hal ini tidak didukung oleh data dari Royal Malaysian Police. Kata Kunci: -
Immigration Manual
Immigration Manual November 2006 Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. © 2006 Baker & McKenzie All rights reserved. This publication is copyright. Apart from any fair dealing for the purposes of private study or research permitted under applicable copyright legislation, no part may be reproduced or transmitted by any process or means without prior written permission. IMPORTANT DISCLAIMER. The material in this booklet is of the nature of general comment only. It is not offered as advice on any particular matter and should not be taken as such. The firm and the contributing authors expressly disclaim all liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this booklet. No client or other reader should act or refrain from acting on the basis of any matter contained in it without taking specific professional advice on the particular facts and circumstances in issue. Immigration Manual Immigration Manual INTRODUCTION This manual is designed to provide a general overview of the immigration laws and procedures of various countries. Please note that the immigration laws and procedures are constantly changing and are subject to new policies and developments. Therefore, this manual is not intended to be exhaustive and specific questions should be directed to the Executive Transfer and Immigration Department of Baker & McKenzie, Hong Kong. -
Interrogating National Identity Ethnicity, Language and History in K.S
Dashini Jeyathurai Interrogating National Identity Ethnicity, Language and History in K.S. Maniam's The Return and Shirley Geok-lin Lim's Joss and Gold DASHINI JEYATHURAI University of Michigan at Ann Arbor AUTHOR BIOGRAPHY Dashini Jeyathurai is from Malaysia and received a B.A. in English from Carleton College in Minnesota. Jeyathurai is a first year student in the Joint Ph.D. for English and Women's Studies at the University of Michigan at Ann Arbor. Introduction organization believes that the Malay ethnic majority are In this paper, I examine how two Malaysian authors, the rightful citizens of Malaysia and deserve to be given ethnically Chinese Shirley Geok-lin Lim and ethnically special political, economic and educational privileges. Indian K.S. Maniam, challenge the Malay identity that Then Prime Minister Tunku Abdul Rahman, a Malay the government has crafted and presented as the himself, created this concept as well as the practice of national identity for all Malaysians. In their novels in giving special privileges to Malays. He also coined the English Joss & Gold (2001) and The Return (1981) term bumiputera (sons/princes of the soil) to refer to respectively, Lim and Maniam interrogate this Malays. Both the term and practice came into official construct through the lenses of ethnicity, history and use in 1965 and are still in existence today. Two years language. In critiquing the government’s troubling later, the predominantly Malay government established construction of a monoethnic and monolingual Malay as the national language of the country. In 1970, national identity, Lim and Maniam present both the the government made Islam the state religion. -
Jordan As a Transit Country: Semi-Protectionist Immigration Policies and Their Effects on Iraqi Forced Migrants
NEW ISSUES IN REFUGEE RESEARCH S c h Working Paper No. 61 R o b Jordan as a transit country: semi-protectioniste immigration policies r and their effects on Iraqi forced migrants Géraldine Chatelard Robert Schuman Centre for Advanced Studies European University Institute Florence, Italy E-mail: [email protected] August 2002 These working papers provide a means for UNHCR staff, consultants, interns and associates to publish the preliminary results of their research on refugee-related issues. The papers do not represent the official views of UNHCR. They are also available online under ‘publications’ at <www.unhcr.org>. ISSN 1020-7473 Introduction In the last twenty years, several episodes of forced migration have taken place in the Arab Middle East following armed conflicts between states (the Iran-Iraq war, the 1991 Gulf war) or internal political unrest (in particular in Iraq).1 Despite the scale of these displacements and the centrality of Iraq, the remarks S. Shami made in a 1993 paper still hold true. She states that attention has focused on previous episodes of forced migration, such as the Lebanese civil war and the Palestinian diaspora, that group migration has not been extensively studied, that relief agencies or human rights groups produce the overwhelming majority of the literature, and that there has been little focus on the long-term social implications of forced displacement (Shami 1993: 5). In particular, involuntary migration prompted by the 1991 Gulf war and its aftermath has been given surprisingly little attention, at the notable exception of studies by a single author that have looked at the socio-economic impact of return migration from the Gulf to Jordan and Yemen (Van Hear 1993, 1994, 1995, 1998). -
Official Journal Number : 29656 REGULATION from Ministry of Interior: IMPLEMENTING REGULATION on the LAW on FOREIGNERS and INTERNATIONAL PROTECTION
Unofficial Translation by UNHCR Turkey 17 March 2016 THURSDAY Official Journal Number : 29656 REGULATION From Ministry of Interior: IMPLEMENTING REGULATION ON THE LAW ON FOREIGNERS AND INTERNATIONAL PROTECTION SECTION ONE General Provisions CHAPTER ONE Purpose, Scope, Basis and Definitions Purpose and Scope ARTICLE 1 – (1) The purpose of this Regulation shall be to regulate the procedures and principles with regard to entry into, stay in and exit from Turkey of foreigners and the scope and implementation of the protection to be provided for foreigners who seek protection from Turkey. (2) This Regulation shall cover the procedures and proceedings related to foreigners within the framework of the Law No. 6458 on Foreigners and International Protection dated 04/04/2013 and the procedures and principles related to implementation of international protection to be provided upon individual protection requests of foreigners in Turkey. Basis ARTICLE 2 – (1) This Regulation is prepared on the basis of Article 121 of the Law No. 6458 on Foreigners and International Protection dated 04/04/2013. Definitions ARTICLE 3 – (1) In implementation of this Regulation, the following definitions shall apply; a) Family members: The spouse, the minor child and the dependent adult child of the foreigner, applicant or the international protection status holder, b) European Countries: Member States of the Council of Europe as well as other countries to be determined by the Council of Ministers, c) Minister: The Minister of Interior, ç) Ministry: The Ministry of Interior, -
Second-Generation Afghans in Iran: Integration, Identity and Return
Afghanistan Research and Evaluation Unit Case Study Series Second-generation Afghans in Iran: Integration, Identity and Return Mohammad Jalal Abbasi-Shavazi Diana Glazebrook Gholamreza Jamshidiha Hossein Mahmoudian Rasoul Sadeghi April 2008 Funding for this research was provided by the United Nations High Commissioner for Refugees (UNHCR) and the European Commission (EC) i AREU Case Study Series © 2008 Afghanistan Research and Evaluation Unit. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, recording or otherwise without prior written permission of the publisher, the Afghanistan Research and Evaluation Unit. Permission can be obtained by emailing [email protected] or calling +93 799 608548. ii Second-generation Afghans in Iran: Integration, Identity and Return About the Research Team (in alphabetical order) The research team members for the Second-generation study conducted in 2006-7 also carried out the Transnational Networks study in Iran in 2005-6. Both of these studies were commissioned by the Afghanistan Research and Evaluation Unit. Mohammad Jalal Abbasi-Shavazi is an Associate Professor in the Department of Demography of the University of Tehran, Tehran, Iran, and Adjunct Professor, Australian Demographic and Social Research Institute, Australian National University. Abbasi- Shavazi’s PhD study focused on immigrant fertility in Australia. He has conducted several studies on Iranian fertility transition as well as the Afghan refugees in Iran, and has published extensively on these subjects. He directed the project on Transnational Networks among Afghans in Iran in 2005, and prepared a country report on the situation of International Migrants and Refugees in the Iran in 2007. -
Irregular Migration to Turkey 10 Irregular Migration from Turkey 11
Cover_MRS12.qxd 1/28/03 3:52 PM Page 1 Also available online at: M Irregular Migration R http://www.iom.int S 12 in Turkey No. 12 Situated at the crossroads of trade and travel routes linking East and West, Turkey has always been a key junction for many types of migratory movements, whether by land or sea. During the last decades, millions of migrant workers have left Turkey to work abroad, but, more recently, Turkey has itself become the target of labour migration originating from neighbour- ing countries and beyond. The growing importance of illegal transit migration through Turkey, together with the use of Turkey’s territory as a staging post for onward migration towards the west, pose a major challenge for the Turkish government as it seeks to control and manage such movements, which are often organized by international criminal smuggling and traffick- ing networks. This report is based on interviews with migrants, migration officials as well as traffickers and provides useful insights into the origins and motivations of transit migrants and their inten- tions for further migration. Documented testimonies of individual smugglers show with rare candour the workings of the well-organized local and international criminal networks. The report also discusses Turkey’s policies and efforts aimed at managing the substantial irregular migration flows through its territory in cooperation with western European countries – the main destinations of transit migration through Turkey. IOM IOM • OIM ISSN 1607-338X 2 Irregular Migration in Turkey Prepared for IOM by Ahmet Içduygu Bilkent University Turkey February 2003 1 This report was extensively edited by the Research and Publications Division, IOM, Geneva. -
The American Legion POLICY on ILLEGAL IMMIGRATION
The American Legion POLICY ON ILLEGAL IMMIGRATION A StrAtegy to Address IllegAl ImmIgrAtIon In the UnIted StAteS The American Legion is opposed to any person or persons being in this country illegally, regardless of race, sex, creed, color or national origin. We believe the current laws govern- ing immigration should be enforced impartially and equally. tABLE oF CONTENTS Introduction 1 Situation Analysis 2 • Overstays 4 • Crime and Terrorism 5 • Education 6 • Employment and Wages 7 Proposal for U.S. Immigration Reform 8 • Step One – Border Security 8 • Step Two – Eliminate Jobs Magnet/Benefits 9 • Step Three – No Amnesty 10 • Step Four – Reduce Illegal Population 11 • Step Five – Screen/Monitor All Foreign Visitors 14 Conclusion 16 Appendix A – American Legion Positions 19 Appendix B –Message Points 25 Appendix C – Strategy to Address Illegal Immigration 29 Sources inside back cover This booklet is not intended to be a technical manual or an exten- sive compendium on the many aspects of illegal immigration. The items brought out in this brief review reflect, in the opinion of The American Legion, the more recurring concerns raised in debate on the issues of illegal immigration, whether the debate be within the halls of Congress or among the American people. POLICY ON ILLEGAL IMMIGRATION IntroductIon The American Legion members have served in the U.S. Armed Forces throughout the world so that Americans can be safe at home. They know Third World countries. They have seen poverty, political instability, disease and war. The sacrifices they have made give them a perspective on national security issues that many Americans do not have. -
International Medical Travel and the Politics of Therapeutic Place-Making in Malaysia
INTERNATIONAL MEDICAL TRAVEL AND THE POLITICS OF THERAPEUTIC PLACE-MAKING IN MALAYSIA Meghann Elizabeth Ormond A Thesis Submitted for the Degree of PhD at the University of St. Andrews 2011 Full metadata for this item is available in Research@StAndrews:FullText at: https://research-repository.st-andrews.ac.uk/ Please use this identifier to cite or link to this item: http://hdl.handle.net/10023/1681 This item is protected by original copyright This item is licensed under a Creative Commons License International medical travel and the politics of therapeutic place-making in Malaysia International medical travel and the politics of therapeutic place-making in Malaysia A thesis submitted to the University of St Andrews for the Degree of Doctor of Philosophy Meghann Elizabeth Ormond Department of Geography and Sustainable Development School of Geography and Geosciences University of St Andrews St Andrews, Fife, United Kingdom 31 January 2011 i International medical travel and the politics of therapeutic place-making in Malaysia Declaration I, Meghann Elizabeth Ormond, hereby certify that this thesis, which is approximately 76,902 words in length, has been written by me, that it is the record of work carried out by me and that it has not been submitted in any previous application for a higher degree. I was admitted as a research student in September 2006 and as a candidate for the degree of PhD in Geography in May 2007; the higher study for which this is a record was carried out in the University of St Andrews between 2006 and 2010. Date_________ __ Signature of candidate ______________________________________________ I hereby certify that the candidate has fulfilled the conditions of the Resolution and Regulations appropriate for the degree of PhD in Geography in the University of St Andrews and that the candidate is qualified to submit this thesis in application for that degree. -
Proceedings the Asean Community Conference
ASEAN Community Conference 2015, Bangi, Malaysia, 11-12 November 2015 PROCEEDINGS THE ASEAN COMMUNITY CONFERENCE Published by Institute of Islam Hadhari Universiti Kebangsaan Malaysia 43600 UKM Bangi, Selangor, MALAYSIA together with Faculty of Human Ecology Universiti Putra Malaysia 43400 UPM Serdang, Selangor, MALAYSIA Department of Islamic Development Malaysia, Blok D7 & D9, Kompleks D, Pusat Pentadbiran Kerajaan Persekutuan, 62519 Putrajaya, MALAYSIA 2015 1 ASEAN Community Conference 2015, Bangi, Malaysia, 11-12 November 2015 PROCEEDINGS THE ASEAN COMMUNITY CONFERENCE © Secretariat of the ASEAN Community Conference, Institute of Islam Hadhari, Universiti Kebangsaan Malaysia; Faculty of Human Ecology, Universiti Putra Malaysia; and Department of Islamic Development Malaysia. 2015 All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical including photocopy, recording, or any information storage and retrieval system, without permission in writing from the Secretariat of The ASEAN Community Conference 2015, Institute of Islam Hadhari, Universiti Kebangsaan Malaysia, 43600 UKM Bangi, Selangor, MALAYSIA; Faculty of Human Ecology, Universiti Putra Malaysia, 43400 UPM Serdang, Selangor, MALAYSIA; and Department of Islamic Development Malaysia, Blok D7 & D9, Kompleks D, Pusat Pentadbiran Kerajaan Persekutuan, 62519 Putrajaya, MALAYSIA. Perpustakaan Negara Malaysia Cataloguing-in-Publication Data The ASEAN Community Conference (2015 : Bangi, Selangor) PROCEEDINGS THE ASEAN COMMUNITY CONFERENCE : Islamic Civilization in ASEAN Community : Challenges and Hopes, 11th – 12th November 2015, ILIM-Bangi-Selangor / Organized by INSTITUTE OF ISLAM HADHARI, UNIVERSITI KEBANGSAAN MALAYSIA (UKM), FACULTY OF HUMAN ECOLOGY, UNIVERSITI PUTRA MALAYSIA (UPM), DEPARTMENT OF ISLAMIC DEVELOPMENT MALAYSIA (JAKIM) ; EDITORS MASHITOH YAACOB, KHAIRUL ANWAR MASTOR, LATIFAH AMIN, NOBAYA AHMAD, ZANARIAH ISMAIL, WAN ZULKIFLI WAN HASSAN, ZUBAIDAH MOHD NASIR, W.