25/05/2026

MONDAY | MAY 25, 2026

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Ű BY FAIZ RUZMAN newsdesk@thesundaily.com

Sabah deferment on border agency raises security fears

PETALING JAYA: Sabah’s deferment of the Malaysian Border Control and Protection Agency risks creating dangerous enforcement gaps along the state’s borders, with experts warning of possible exploitation by smuggling syndicates, traffickers and cross-border criminal networks. Border and immigration experts cautioned that Sabah’s extensive land and maritime borders require fully integrated surveillance, adding that fragmented enforcement could create critical blind spots for organised syndicates involved in smuggling subsidised goods, drugs, firearms and people. Universiti Teknologi Mara border security analyst Dr Mohd Ramlan Mohd Arshad said the move could significantly increase exposure to critical border threats. “The delay in implementing the agency in Sabah could open wider space for critical border security threats. “Human trafficking risks could also increase because unofficial routes through waters and border forests are difficult to monitor fully without integrated operations involving all border control agencies,” he told theSun . Ramlan said forged travel documents could also allow syndicates to operate through seemingly legitimate channels, escalating risks beyond conventional smuggling activities. “This violates national sovereignty

officers retain absolute authority to approve or reject entry, but intelligence data from Customs and police can still be shared directly through the agency’s system. “The agency is not a threat to Sabah’s rights, but a mechanism to protect those rights more effectively from intrusion and cross-border crime,” he said. Ramlan added that unclear command structures at entry points could slow urgent responses and blur accountability during security incidents. “When there is uncertainty in command, the opportunity to pursue and arrest suspects can be lost within seconds. “A clear chain of command is not optional, but a fundamental requirement in border enforcement operations,” he said. Meanwhile, Universiti Kebangsaan Malaysia migration scholar Dr Aizat Khairi said Sabah’s position should not be interpreted as opposition to border reform. Instead, he said it reflected the need

PETALING JAYA: Questions over Sabah’s decision to delay the agency’s implementation have intensified scrutiny on how immigration authority is shared between Putrajaya and the Bornean states, particularly under the safeguards outlined in the Malaysia Agreement 1963 (MA63). Association of Former Immigration Officers of Malaysia president Datuk Shahul Hamid Abdul Rahim said the concerns raised by Sabah and Sarawak were understandable as the agency would assume frontline border-control duties previously handled by Immigration, Customs, the Malaysian Quarantine and Inspection Services and other enforcement agencies. However, he stressed that the agency should be viewed strictly as an entry-point enforcement mechanism and not as an encroachment on broader immigration authority. “Matters such as approval of foreign workers, visas and passes will still remain under the state government’s authority. The agency will not interfere in those matters. “The agency will only operate at entry points and control movement in and out,” the former KLIA Immigration operations chief told theSun . Shahul said the sensitivities must be understood within the historical context of immigration arrangements for Sabah and Sarawak, particularly under Article 5 of MA63 and the 20-point agreement. “This is actually about history. One of the 20 points in the agreement concerned immigration. “That is why people from Peninsular Malaysia need a pass when entering Sabah and Sarawak. If you work there, you need a work permit.” Article 5 of MA63 refers to the obligation of the Federation of Malaya, before the formation of Malaysia in 1963, to secure legislation adapting for clearer safeguards over Sabah’s immigration autonomy before the agency is fully implemented. “For Sabah, border reform cannot be viewed merely as an administrative issue. It must take into account Sabah’s position as a state with special immigration powers. “The delay does not mean Sabah rejects the need for improved border control. Instead, Sabah wants to ensure that federal coordination through the agency does not alter the long-standing balance of power between the state and federal governments in immigration matters,” he said. Aizat said Sabah may require a tailored framework, including written guarantees, joint operating protocols between border agencies, a permanent agency-Sabah committee and regular consultations before any operational changes are implemented. “The most important thing is that directions from the state authority must be clearly translated into the agency’s daily operations. “If these guarantees are established,

immigration laws for the new federation, including provisions governing entry into Sabah and Sarawak. It also establishes that while immigration falls under federal jurisdiction, Sabah and Sarawak were granted autonomous powers over immigration control, forming the basis of their unique entry requirements. At the same time, the Malaysia Border Control and Protection Agency Act 2024 (Act 860) contains specific safeguards for Sabah and Sarawak. Under subsection 6(3) of Act 860, the agency is required to comply with directions issued by the state authority to the Sabah or Sarawak Immigration director when carrying out entry control functions in both states. However, Shahul urged the federal government, Sabah and Sarawak to hold focused discussions on immigration under MA63 to avoid further confusion over border management policies. “I think the time has come for Sabah and Sarawak to discuss the immigration issue with the federal government. “This is so operational constraints faced by both sides, including the agency, can be resolved,” he said. He added that immigration sensitivities had previously disrupted enforcement operations, citing an incident during his tenure in the Immigration Department. “We sent more than 200 officers to Sarawak because there were vacancies there. Some were Sarawakians, but many were from the peninsula. “But it was later questioned in the state assembly. Why were officers from the peninsula working there? We had no choice but to bring more than 200 officers back to the peninsula. It was a waste of manpower and resources,” Shahul said. – By Faiz Ruzman the agency can still function as a more modern border coordination body, while Sabah’s immigration autonomy will not be seen as being eroded.” The Sabah government announced on May 13 that it would defer implementation of the agency until assurances are provided that the state’s special immigration rights and autonomous powers would not be compromised. Chief Minister Datuk Seri Hajiji Noor said the state government had identified legal and operational elements in the agency’s proposed enforcement role that could affect Sabah’s powers and special immigration rights. He said implementation of the agency would assume functions currently handled by the Sabah Immigration Department at state entry points, while the state authority would have no direct powers over the agency, except through the Sabah Immigration director under subsection 6(3) of the Malaysia Border Control and Protection Agency Act 2024.

o Expert warns enforcement gaps could be exploited by smugglers, traffickers and cross-border criminal networks and can open the door to infiltration by cross-border criminal elements, including terrorists. “Sabah can remain exposed to security leakages that may be exploited, as prolonged delays are not merely procedural issues but direct threats to public safety and Malaysia’s territorial integrity,” he said. However, he stressed that Sabah’s special immigration position does not conflict with the agency’s objectives, provided the state retains its role as the “key-holder” in entry decisions. “For example, Sabah Immigration

Postponement puts MA63 back in the spotlight

TUGGING TOGETHER ... An individual taking part in a tug-of-war competition held in conjunction with the Fun Run Untukmu Ibu programme at Kampung Labu Kubong in Perak yesterday. – BERNAMAPIC Pahang hoteliers slam weak action on illegal operators

PETALING JAYA: Pahang hotel operators have criticised weak enforcement against illegal accommodation providers, saying licensed hotels are burdened by strict compliance costs while unregulated operators continue operating openly. The Malaysia Budget & Business Hotel Association (MyBHA) Pahang chapter said the rise of illegal accommodation operators and unregulated short-term rental accommodation (STRA) units were distorting competition and undermining the tourism sector. “However, many illegal accommodation providers continue operating openly without being subjected to the same level of

enforcement,” Pahang chairman Datuk Seri K. Vijayendren told theSun . He said the number of illegal operators in the state is believed to be substantial and continuing to grow due to weak enforcement and loopholes in regulations. Vijayendren said licensed hotels must comply with hotel enactments, safety standards, staffing obligations, taxation requirements and local authority regulations, unlike many unregulated operators. He questioned the purpose of existing hotel laws if illegal accommodation operators were allowed to continue operating without enforcement action. While acknowledging that MyBHA

regulated STRA and community based accommodation could support tourism, he stressed that all operators must comply with enforced legal standards. Vijayendren added that tourism bureaucracy and last-minute event cancellations were affecting hotel occupancy, local businesses and tourist confidence. He said tourism hotspots such as Cherating and Pulau Tioman required stronger destination management, particularly in promotion, infrastructure, ferry services, travel costs, cleanliness and maintenance. “Pahang must continue adapting to changing tourism trends to remain competitive both domestically and internationally.” – by T.C. Khor