COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES Immigration raids instil fear amongst undocumented migrant workers Risk of irregularity Immigration raids conducted since 1 May 2020 had instilled fear among migrant workers, especially those without a valid travel document, to come forward to get COVID-19 tested. Because of this fear of being arrested, some undocumented migrants went into hiding and that hampered containment efforts by the MOH. 8 SUHAKAM reported that many migrant workers during MCOs were not allowed to work by their employers, and did not receive any form of communication from the employers.11 Workers were in the dark about their status of employment, and importantly, their immigration status since their working pass needs to be annually renewed by the employers. This not only raises concern on retrenchment among migrant workers but the risk of “irregularity”. Immigration detention centres are becoming COVID-19 hotspots Between 1 and 25 May 2020, over 2,000 undocumented immigrants had been arrested and detained in various immigration detention centres. This caused a growing number of detainees in already crowded immigration detention centres. The Human Rights Commission of Malaysia (SUHAKAM) cautioned that the lack of physical distancing coupled with the existing poor health system and hygienic practices in many detention centres increased the risk of a rapid COVID-19 outbreak.9 By 3 June 2020, about 4,908 COVID-19 samples had already been undertaken in four immigration detention centres in Kuala Lumpur, Selangor and Putrajaya. About 465 positive COVID-19 cases were identified among detainees (123 (India), 76 (Indonesia), 108 (Bangladesh), 66 (Myanmar), 45 (Pakistan), 18 (China), 7 (Sri Lanka), 5 (Nepal), 4 (Cambodia), 3 (Philippines), 2 (Egypt) and 4 (other countries).10 Importantly, the MOH reported that it still had more than one thousand detainees awaiting further results of their COVID-19 test. This had already indicated that more cases of COVID-19 were likely to be identified, and suggested that immigration detention centres were becoming COVID-19 ‘hotspots’. Escalating positive COVID-19 cases outside immigration detention While the overall number of active cases of COVID-19 saw a declining trend between May and June 2020, the new positive COVID-19 cases among non-citizens, especially the migrant worker population, had escalated tremendously. From 7 May to 12 June 2020, the number of COVID-19 positive non-citizens rose from 9 to 1,413 cases. This constitutes about 72 per cent of the total positive COVID-19 cases recorded during the same period. To put it differently, more than two out of every three new COVID-19 infections recorded over this period were non-citizens. Emerging COVID-19 clusters Labour rights violations SUHAKAM claimed growing labour rights violations during the pandemic. Some migrant workers were not being paid their monthly salary, with some employers allegedly withholding migrant workers’ salaries.12 Similarly, the Malaysian Trade Union Congress (MTUC) reported common labour rights violations such as unfair termination of employment, unpaid wages and poor living conditions. Some workers were allegedly required to work during the MCO in non-essential work. CONCLUSION AND RECOMMENDATIONS The lack of coordination and consistency in the way the government agencies addressed issues affecting migrant workers led to undesirable actions and negative consequences facing migrant workers. The pandemic has once again revealed the precarity and vulnerability of migrant workers, whether it be in the exclusion from, or unintended consequences of policy. Similarly, the pandemic has further exacerbated workers’ lack of protection, and exploitation committed by employers. This calls for serious policy consideration and immediate remediation in addressing the rights, welfare and safety of migrant workers. This article recommends the government to refrain from undertaking immigration raids targeting those already in the country during the pandemic. Instead, implement a special regularization program to legalize their immigration status. The government should also provide access to immigration detention centres for independent monitoring and humanitarian aid. Finally, the pandemic suggests that it is the right time to strengthen current labour laws and policies, ensuring the rights and well-being of migrant workers are protected. ANDIKA WAHAB Fellow, Institute of Malaysian & International Studies National University of Malaysia Similarly, the period between May and June 2020 saw a growing number of new COVID-19 clusters involving different groups of migrant workers. These include, amongst others, four immigration detention centre clusters in Bukit Jalil, Semenyih, Sepang and Putrajaya respectively; the Pedas Linggi cluster which was announced on 2 May 2020; a cleaning company cluster on 29 May 2020; and several construction site clusters in Kuala Lumpur and Selangor. 8 MalaysiaKini. 1 May 2020. Tenaganita condemns raids on undocumented migrants, refugees in Kuala Lumpur. Available at https://www.malaymail.com/news/ malaysia/2020/05/01/tenaganita-condemns-raids-on-undocumented-migrants-refugees-in-kuala-lumpur/1862190 9 SUHAKAM. 28 May 2020. Dialogue with Vulnerable Communities: An Assessment of Needs and Next Steps Amid COVID-19 Pandemic. Available at https://www. suhakam.org.my/dialogue-with-vulnerable-communities-an-assessment-of-needs-and-next-steps-amid-COVID-19-pandemic/ 10 Ministry of Health (MOH). 7 May 2020 to 12 June 2020. Daily Update on COVID-19. Available at https://kpkesihatan.com 11 SUHAKAM. 28 May 2020. Dialogue with Vulnerable Communities. 12 Ibid. idcoalition.org | westernsydney.edu.au/hadri 37