Posted on 08/02/2002 1:08:03 PM PDT by Tancred
Illegal migrants rush to escape tough new laws Foreign workers who overstay their welcome in Malaysia face five years in jail, caning and fines: Government crackdown
Peter Goodspeed National Post, with files from news services
Friday, August 02, 2002
Tens of thousands of illegal immigrants descended on Malaysia's ports yesterday, looking for a ship back home to Indonesia and the Philippines to avoid tough new immigration laws.
Under harsh legislation that took effect yesterday, foreigners caught working without a permit in Malaysia could face fines of US$2,600, mandatory jail terms of five years and six lashes of a rattan cane.
Anyone who employs or houses an illegal migrant is subject to the same penalties.
Caning or whipping is a supplementary form of punishment in Malaysia for about 40 crimes. These include drug offences, rape and attempted rape, kidnapping, firearms offences, attempted murder, causing grievous injury, child abuse, robbery and theft.
Immigration laws introduced in March gave illegal immigrants an amnesty, which lasted until yesterday, to give them time to leave the country without fear of being arrested.
Mohamad Jamal Kamdi, Malaysia's Immigration Director-General, said anyone found without a work permit, a ticket home or a special pass to prove they are leaving by a certain date will be arrested and charged.
The government says 318,272 illegal immigrants have left, most of them -- 269,503 -- Indonesians.
Migrant workers make up 20% of Malaysia's workforce and have played a huge role in the country's rapid economic growth. There are about 750,000 legal migrant workers, but anywhere between 600,000 and two million illegal immigrants as well.
Two-thirds of the illegal foreign workers are thought to be Indonesian. Most of the rest come from Bangladesh, India, Pakistan and the Philippines.
They frequently live outside the law in a constant game of hide and seek with the police after overstaying their work permits or entering Malaysia without them.
In the five years since Asia's economic meltdown in 1997, the demand for foreign workers has slowed, while unemployment in Malaysia has soared to its highest level in 10 years, about 3.7%.
With its small population and relatively prosperous economy, Malaysia has long been a magnet for people from its poorer neighbours. Drawn by dreams of a better life, they have triggered fears they threaten Malaysia's stability.
Malaysia blames the migrants for contributing to a growth in crime. There is also growing concern Islamic militants from Indonesia and Muslim rebels from the southern Philippines have infiltrated the country.
In advance of the latest immigration crackdown, thousands of illegal squatter shacks were bulldozed and security was tightened in key areas. Shipping in Malaysian waters was restricted to special seaways to limit the operation of small boats that specialize in smuggling people.
But some Malaysians are unhappy with the immigration crackdown. Many employers say they rely on the illegal immigrants to fill menial and low-paying jobs Malaysians refuse to do. Now, they say, the country's export-driven economy will suffer.
Indonesians have been the backbone of Malaysia's construction industry, accounting for up to 70% of the unskilled workers on job sites. Tens of thousands of Indians, Bangladeshis and Pakistanis also work as low-cost labour on rubber and tea plantations.
Large numbers of Filipinos have been attracted to Sabah, the Malaysian sector of the island of Borneo, which lies close to the southern Philippines, to work as domestic help.
The sudden expulsion of so many workers could destabilize Malaysia's neighbours, placing a strain on local governments and families that have relied on the money they sent home.
As tens of thousands of illegal migrants began leaving this week, the Indonesian and Philippine navies directed warships into the area to protect the evacuees.
Yesterday, in a display of their resolution, Malaysian police arrested up to 135 illegal migrants demonstrating outside the Kuala Lumpur offices of the United Nations High Commissioner for Refugees.
Most were from strife-torn areas of Indonesia and Myanmar and were demanding to be given refugee status to escape the crackdown.
Critics of the new immigration law have warned genuine asylum seekers may be caught up in the sweep and could face persecution if sent home.
How about we stick their assets in jail? Show a couple of these cheap labor peddlers on tv wearing handcuffs and I'll bet most of them will get the message.
If only we could get someone in government with backbone.
However, I believe our so called leadership in DC have no intentions of saving our sovereignty or securing our borders, as I predict they will do nothing but encourage millions more, uneducated, unskilled millions to come.....
If I am wrong, I ask, what are they waiting for? The 20 million mark?
The people who would call you a nasty name, because you are willing to discuss ethnic questions honestly, are the true heirs of the Nazi Party. It was by bullying that honest discussion of human factors was suppressed in Germany, paving the way for Hitler. It has been by bullying that honest discussion of human factors--i.e. the actual differences between people--have been suppressed in America over the past two generations. Not only our looney tunes immigration policies, but pick any social issue, you like, and that bullying has been a factor in the mistakes that have been made.
Joe, you are right to speak out. Don't ever apologize to anyone because you do not let Socialist bullies intimidate you into silence.
William Flax Return Of The Gods Web Site
You and I both know except for a few brave ones, they're mostly cowards in that town. It's going to be up to the population to say enough, and then they might grow a spine.
All I know is what's going on in the US is unprecedented, unless you want to go back to Rome. We are voluntarily giving our country away to ILLEGAL foreigners. How can that be explained away?
Malaysia has the right idea, I hope Washington is watching.
Ditto.
Their """advanced database search""" is very helpful. For example in the advanced search, select the state as California, enter a city as Santa Clara, enter the employer name as Hewlett Packard and enter number of records as 50 then press the submit query button. You can see the positions and salaries of the H-1B employees. This is only for the HP offices in Santa Clara. Go back and do the above search but leave the enter a city blank. You will see that Hewlett Packard employs hundreds and hundreds of H-1B workers.
When Does the Department of Labor Investigate H-1B Fraud?
The short answer is ALMOST NEVER Employees of the Department of Labor cannot investigate complaints of fraud unless the Secretary of Labor authorizes it. To obtain an investigation, the Secretary of Labor must be personally involved in the process! [2]
The restrictions don't stop there:
The Secretary must receive the complaint not later than 12 months after the date of the alleged failure.
"The Secretary shall provide notice to an employer with respect to whom the Secretary has received information described in clause." This eliminates the possibility of complaining without your employer being notified. H-1Bs would never complain if they intended to stay in the U.S. and American workers might be very fearful of having their employer know that they filed a formal complaint to the DOL.
"There shall be no judicial review of a determination by the Secretary under this clause." This means that the Secretary has the sole power to make the decision to investigate and the courts cannot intervene.
H-1Bs basically don't ever have to worry about being prosecuted for fraud. Michael Bromwich, Justice Dept. Inspector General, said that "INS took no action" against aliens who obtained immigration documents by fraudulent means. Mr. Bromwich explained that previously the INS did not have a method of tracking these aliens. He also said that the agencies still "have a long way to go" in order to make a dent in the fraud that occurs.
Bromwich explained why the INS is not prosecuting the individuals who commit or are benefitting from nonimmigrant visa fraud, and what he said does not bode well for anybody that expects significant reform. Bromwich said INS focuses its attention on "heavy hitters," criminal enterprises or organizations that systematically fraud the system. He said there are too many individual cases to pursue. [4] Jill Esposito, State Dept. Post Liaison Division, Visa Office, Bureau of Consular Affairs, admitted that they don't have sufficient resources to conduct interviews for INS. Moreover, she said legislation governing these visa categories is "vague" and "open-ended," inviting abuse. [4]
Jacquelyn Williams-Bridgers, State Dept. Inspector General, said that it is difficult to determine whether companies seeking H-1B workers are legitimate. She responded it is difficult because there is little direct contact between consular officials and companies. [4]
Nancy Sambaiew,Bureau of Consular Affairs, said that it would make sense to more carefully scrutinize individuals from China, India, and Russia, who are the most frequent violators of nonimmigrant visa laws. Somehow her statement didn't sound very assuring. [4]
It must be reassuring to any foreigner that wants to falsify documents in order to work as an H-1B that they have nothing to fear. William Yates, INS Director, Immigration Services said that generally speaking, they don't deport those who use fraudulent documents in the H-1B program. [4]
BTTT
BTTT
I'd do what Malaysia did back in 2002, then offer a bounty on any illegals who were dumb enough to stay.
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