COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES COVID-19 IN MALAYSIA: PUSHING MIGRANT WORKERS FURTHER AT THE MARGIN INTRODUCTION Malaysia confirmed its first positive COVID-19 case on 25 January 2020 – two weeks before the World Health Organization (WHO) declared COVID-19 as a global pandemic. Since then, there was a rapid increase in positive COVID-19 cases reaching nearly 8,700 cases with 121 deaths by 30 June 2020. As experienced in other countries, precarious living conditions and poor access to health care and working conditions have contributed significantly to the rapid transmission of COVID-19, particularly among low-paid and unskilled migrant workers. In Malaysia, prior to the outbreak, some migrant workers were already living in cramped workers’ accommodation and unsanitary conditions, with poor access to healthcare, further exacerbated by lack of workers’ protection. The implementation of various phases of Malaysia’s Movement Control Orders (MCOs) and the way the government addressed the situation facing between 2 and 5 million migrant workers (including irregular migrants) had significant negative consequences on their already precarious living and working conditions. This article reviews the government’s response and the negative consequences towards migrant workers and concludes with key recommendations. GOVERNMENT-INITIATED CONTROL ORDERS Malaysia was one of the countries which took early prevention actions by implementing a series of MCO beginning on 18 March 2020. The figure below shows the different phases of the MCO until the end of 2020.1 GOVERNMENT’S RESPONSES AFFECTING MIGRANT WORKERS When Malaysia recorded its first positive COVID-19 case on 25 January 2020, the Ministry of Health (MOH) released a government circular, indicating that migrant workers were exempted from paying the outpatient fees to get COVID-19 tested at government facilities. 2 However, on 23 March 2020, the government announced that migrant workers should pay for testing and treatment fees related to COVID19. 3 In early May 2020, the government once again announced that all migrant workers were required to undergo a COVID-19 swab test but the cost will be borne by the employers.4 On the issue of arrest and detention of undocumented immigrants, initially, the government on 22 March 2020 had given its assurance that it would not arrest and detain undocumented immigrants including those who were seeking care and medical tests at government health facilities. 5 This commitment was made in response to the rising positive COVID-19 cases involving the Rohingya refugees. However, on the eve of Labour Day, hundreds of undocumented migrant workers and refugees were arrested in a massive raid operation conducted in Kuala Lumpur. The raid was launched despite the earlier assurance that undocumented immigrants should have had nothing to fear to get COVID-19 tested. Several weeks later, additional operations were conducted in Kuala Lumpur and Selangor, where thousands of undocumented workers and refugees, including women and children, were rounded-up and detained in immigration detention centres. Migrant advocates such as Tenaganita and Refuge for Refugees had earlier voiced concern that the immigration raids were conducted “inhumanely”.6 In response to critiques from migrant advocates, the government denied it and stressed that migrant workers were treated humanely throughout the conduct of immigration raids and their detention.7 NEGATIVE POLICY CONSEQUENCES TO MIGRANT WORKERS Malaysian Economic Statistics Review, Vol.1/2020. 1 2 3 4 5 6 7 36 The chain of events and responses by the government have shown inconsistency and lack of coordination between different government agencies in handling issues concerning migrant workers. This had also prompted significant negative consequences facing migrant workers, not only to their health and well-being, but their hiring and immigration status in Malaysia. Several negative consequences are discussed below. Department of Statistics, Malaysia (DOSM). 2020. Malaysian Economic Statistics Review, Vol.1/2020. https://www.dosm.gov.my/v1/index.php?r=column/ pdfPrev&id=a2VhN3FvUnp5Y1c5ZmRIaENpSFkwQT09 Ministry of Health (MOH). 7 May 2020 to 12 June 2020. Daily Update on COVID-19. Available at https://kpkesihatan.com CodeBlue. 23 March 2020. Health DG Says Free COVID-19 Tests, Treatment For Foreigners, After PM Says Payments Required. Available at https://codeblue. galencentre.org/2020/03/23/health- dg-says-free-COVID-19-tests-treatment-for-foreigners-after-pm-says-payments- required/ The Star. 4 May 2020. Ismail Sabri: Compulsory COVID-19 tests for all foreign workers. Available at https://www.thestar.com.my/news/nation/2020/05/04/ismailsabri-compulsory-COVID-19-tests-for-all-foreign-workers Malay Mail. 22 March 2020. Come forward so we can take care of you, Putrajaya says as 4,000 tabligh event attendees still untested. Available at https://www. malaymail.com/news/malaysia/2020/03/22/come-forward-so-we-can- take-care-of-you-putrajaya-tells-tabligh-event-atten/1848976 Malay Mail. 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 Malaysiakini. 2 May 2020. Arrested undocumented migrants were tested for COVID-19, no mistreatment. Available at https://www.malaysiakini.com/news/523677 International Detention Coalition and Western Sydney University