Malaysia’s ongoing crackdown on undocumented migrants raises a serious human rights concern: many of those arrested, detained, and criminalized may in fact be victims of human trafficking. MADPET (Malaysians Against Death Penalty and Torture) warns that the failure to screen migrants for trafficking victimization before detention violates both international standards and Malaysia’s own Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM), which clearly upholds the principle of non-liability for trafficked persons.
Recent mass arrests underscore the scale of the problem. Hundreds of migrants have been detained in single operations, and nearly 18,000 undocumented migrants—more than 10 percent of them children—are currently held in immigration detention centres nationwide. The critical question remains unanswered: how many of these detainees are not offenders, but victims coerced or deceived into illegality?
International and regional frameworks are unequivocal. The UN Recommended Principles on Human Rights and Human Trafficking and the ASEAN Convention Against Trafficking in Persons both affirm that victims must not be punished for unlawful acts that are a direct consequence of trafficking. Malaysia has already enshrined this protection in Section 25 of ATIPSOM, granting immunity for illegal entry, unlawful stay, and possession of fraudulent documents when these acts result from trafficking. Yet enforcement practices suggest that this legal safeguard is routinely ignored.
In reality, many migrants become “undocumented” through no fault of their own. Some arrive legally, only to be abandoned without jobs, trapped by illegal recruitment fees, or rendered undocumented when employers deliberately fail to renew permits. Others are punished or deported for speaking out against abuse, forced labour, or wage theft. Under Malaysian law, deception for the purpose of exploitation constitutes human trafficking—meaning a significant number of undocumented migrants may actually be trafficked workers.
Treating victims as criminals does more than violate their rights; it also undermines justice. Trafficked persons should be removed from detention, provided with safe and dignified accommodation, given access to legal support, and recognized as key witnesses in prosecuting traffickers. Deporting or criminalizing them only shields perpetrators and weakens efforts to hold companies and recruiters accountable.
Protection must also extend beyond rescue. Survivors are entitled to compensation for unpaid wages, illegal fees, and the physical and psychological harm they endured. This requires allowing victims to remain in Malaysia long enough to pursue justice through the courts.
MADPET’s call is clear: Malaysia must establish urgent screening mechanisms, presume trafficking in high-risk cases, and fully enforce the non-liability principle under ATIPSOM. Laws that protect victims are meaningless unless they are applied in practice. To truly combat human trafficking, Malaysia must stop punishing survivors for the crimes of their traffickers and reaffirm its commitment to human rights, justice, and accountability.
Click here to read the statement from MADPET.
