Malaysia govt rejects fake notice about transporting illegal immigrants

The fake statement, which was shared on December 5, 2023 in a Facebook group with more than 16,000 members, is presented as an announcement by Malaysian immigration authorities.

The title reads "Media Statement" and "Malaysia Immigration Department" and features the Malaysian coat of arms.

According to the notice, public transport drivers who carry illegal immigrants will be liable for 12 months' imprisonment and a 35,000-ringgit ($7,400) fine.

The purported legislation applies to drivers of buses, taxis, ride-hailing firm Grab -- which is considered public transportation under Malaysian law -- and the KTM, LRT and MRT railways (archived link).

According to the notice, the law will come into force "after completion RTK 2.0", referring to a government scheme which gives employers until March 31, 2024 to apply to legalise foreign workers without proper documentation (archived link).

The notice also says that employers who hire "illegal workers" risk five years in jail and a 50,000-ringgit ($10,500) fine.

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Screenshot of the false post, taken on January 10, 2024

The fabricated statement also surfaced on Facebook and YouTube following reports in September 2023 that a group of Grab drivers in Malaysia were fined for transporting illegal immigrants (archived link).  

'Fake' statement

Malaysia's immigration department said it did not publish the notice.

Posting on its official Facebook page on December 23, 2023, it shared a screenshot of the message with the word "FAKE" overlaid in Malay (archived link).

"The department would like to emphasise that it does not impose any action on drivers of public vehicles who do not know the status of foreigners who use their services," it said in a statement shared in the same Facebook post.

"The Immigration Department is aware that drivers do not have the authority and do not need to be burdened with proving the status of the passengers they are carrying."

However, if drivers "willfully provide protection" to illegal immigrants, they can be prosecuted under Section 56(1)(d) of the Immigration Act 1959/63 -- which imposes a fine and even jail for people who "knowingly harbour" illegal immigrants (archived link).

According to local newspaper The Star, the Grab drivers fined for transporting illegal immigrants were charged under Section 55E of the Immigration Act, which applies if the person harbouring an illegal immigrant "had knowledge that he is an illegal immigrant" (archived links here and here).

According to the Immigration Act, employing illegal immigrants can carry a 50,000-ringgit fine and five years in jail.

A spokesperson for the immigration department told AFP that Malaysians should go directly to its website -- www.imi.gov.my -- for accurate information on the immigration laws.