- Immigrant Times
- 2 days ago
- 6 min read
UNDOCUMENTED MIGRANTS IN MALAYSIA
Hundreds of thousands of men, women and children live in a state of permanent uncertainty
By The Immigrant Times
Malaysia does not recognise refugee status for those fleeing persecution and conflict. Immigrants are forced to live in legal limbo.
January 2026: Malaysia hosts one of Southeast Asia’s largest populations of undocumented migrants and refugees, including tens of thousands of Rohingya Muslims who fled persecution in neighbouring Myanmar. According to UN figures, more than 210,000 refugees and asylum seekers are officially registered in the country, while independent estimates suggest that several million more people may be living and working in Malaysia without legal status.
Human rights organisations and UN agencies have repeatedly raised concerns about detention practices, labour exploitation and the absence of legal protection for people without recognised immigration status. Yet despite international scrutiny, Malaysia continues to operate a system in which refugees and undocumented migrants exist in a legal grey zone, tolerated at times, targeted at others, and almost always vulnerable.
Because the term ‘illegal migrant’ is widely used in official policy and public debate, this article refers to it where necessary. However, The Immigrant Times recognises that people themselves are not ‘illegal’ and uses the terms ‘undocumented’ and ‘irregular’ where possible.
Disagreement about the size of Malaysia’s population of undocumented immigrants and refugees
Any discussion of undocumented migration in Malaysia begins with an important caveat: there is no single, reliable figure that captures the true size of the immigrant population. What exists instead is a patchwork of official registrations, estimates by international organisations, government statements and academic research, each reflecting different definitions and political realities.
According to the United Nations High Commissioner for Refugees (UNHCR), more than 210,000 refugees and asylum seekers were registered in Malaysia by late 2025. Of these, around 85 per cent originate from Myanmar, with the largest group being Rohingya Muslims, estimated at roughly 115,000 to 120,000 people. Other registered groups from Myanmar include Chin, Kachin and Rakhine ethnic minorities. Smaller refugee populations come from countries such as Pakistan, Yemen, Somalia, Afghanistan, Syria and Sri Lanka.
These UNHCR figures are frequently cited internationally, but they represent only those who have managed to register with the agency. Registration can be slow and limited by appointment backlogs, documentation requirements and fear of exposure. Many refugees, including Rohingya who arrived by sea or crossed borders irregularly, remain unregistered and therefore invisible in official tallies.
Beyond refugees and asylum seekers, Malaysia also hosts a much larger population of undocumented labour migrants. Estimates vary widely. Government officials, regional analysts and civil society groups have in the past suggested figures ranging from two to four million people living in the country without valid immigration status. These migrants typically originate from neighbouring and regional countries, including Indonesia, Bangladesh, Myanmar, Nepal, India and the Philippines, and form a significant part of Malaysia’s low-wage workforce in construction, agriculture, manufacturing, domestic work and food services.
The wide range in estimates reflects both technical and political challenges. Malaysia does not conduct a comprehensive census of undocumented residents, and enforcement-based data only captures those who are arrested or detected. At the same time, economic dependence on migrant labour creates incentives to understate the scale of irregular work, while periodic political campaigns against ‘illegal migration’ can push official rhetoric in the opposite direction.
Another key distinction lies between being registered with UNHCR and having legal status under Malaysian law. Malaysia is not a signatory to the 1951 Refugee Convention and does not have a domestic refugee protection programme. As a result, even refugees recognised by the UN are not automatically granted the right to remain, work or access public services under national law. In legal terms, they remain subject to immigration enforcement in much the same way as other undocumented migrants.
Detention figures illustrate this blurred boundary. Human rights organisations estimate that around 12,000 migrants and refugees are held in Malaysian immigration detention centres at any given time, including women and children. Those detained include undocumented workers, asylum seekers awaiting registration, and UNHCR-recognised refugees caught in enforcement operations.
Deportation and voluntary return programmes add another layer of uncertainty. Malaysia regularly carries out removals of undocumented migrants, sometimes through charter flights or bilateral agreements with neighbouring countries. At the same time, periodic “repatriation” or “amnesty” programmes allow migrants to leave voluntarily under reduced penalties. While authorities announce headline figures for these schemes, detailed breakdowns by nationality, refugee status or vulnerability are rarely made public.
Migrants in Malaysia, forced to live and work in legal limbo
For undocumented migrants and refugees in Malaysia, daily life is shaped by uncertainty. Without recognised legal status, many live in a state of constant insecurity, able to work and survive at times, but always vulnerable to arrest, exploitation or sudden displacement.
Working in the informal economy
Although Malaysia’s economy depends heavily on migrant labour, refugees and undocumented migrants have no general legal right to work. As a result, most find employment in the informal economy, where wages are low, contracts are rare, and labour protections are largely absent.
Construction sites, plantations, factories, restaurants and domestic households rely heavily on undocumented workers, creating what critics describe as a ‘shadow workforce’, essential to economic growth, yet excluded from legal safeguards.
This lack of status leaves workers exposed to unpaid wages, dangerous working conditions and abuse. Reporting exploitation to authorities can trigger immigration enforcement rather than labour inspections. For many migrants, silence becomes a survival strategy.
Some Rohingya refugees have lived and worked in Malaysia for more than a decade, supporting families locally and abroad. Yet without work permits or residency rights, long-term security remains elusive. While policymakers have occasionally discussed granting limited work access to refugees, no permanent nationwide framework has been implemented.
Fearing raids, arrest and detention
Immigration enforcement remains central to Malaysia’s migration policy. Authorities regularly conduct raids in workplaces, housing areas and urban neighbourhoods with large migrant populations. Those detained are transferred to immigration detention centres, where individuals may be held for weeks or months while awaiting deportation or release.
Human rights organisations and UN bodies have raised repeated concerns about overcrowding, sanitation, access to healthcare and prolonged detention. Refugees, asylum seekers and labour migrants are often held together, despite having very different legal and humanitarian needs.
For families, detention can be particularly damaging. Parents may be separated from children, income is abruptly lost, and the psychological toll of confinement is significant. Even those holding UNHCR documentation are not fully protected from arrest, reinforcing the sense that no status guarantees safety.
Lacking proper healthcare and formal education
Access to healthcare remains uneven. While refugees can access public hospitals at reduced foreigner rates, costs are still high for people earning informal wages. Fear of arrest also discourages some migrants from seeking medical help.
Education poses an even greater challenge. Undocumented children are largely excluded from public schools. In response, refugee communities and civil society organisations have established informal learning centres, often operating with limited resources and uncertain legal standing. These centres provide basic education, but students rarely receive recognised qualifications, limiting long-term prospects.
Living as permanent temporary residents
The Rohingya community highlights the contradictions of Malaysia’s approach. Many fled violence and persecution in Myanmar, viewing Malaysia as a place of safety and opportunity. While often allowed to remain in practice, they are not formally recognised as refugees under national law.
As a result, many Rohingya families live in what activists describe as a state of ‘permanent temporariness’: building lives, raising children and forming communities without legal permanence, citizenship pathways or secure rights.
Tolerated when needed, harassed when not
Malaysia’s migration enforcement has fluctuated over time. Periods of relative tolerance, often linked to labour shortages, are frequently followed by high-profile crackdowns driven by domestic political pressure, security concerns or public sentiment.
International scrutiny has increased in recent years following reports of deaths in detention, maritime pushbacks of Rohingya boats and large-scale enforcement operations. Meanwhile, instability in Myanmar and the wider region continues to push people toward Malaysia, ensuring that migration pressures remain unresolved.
Sources and references
• UNHCR Malaysia – “Figures at a Glance” (latest refugee and asylum seeker registration data)
• UNHCR – Malaysia refugee population breakdown by nationality
• Human Rights Watch (2024) – ‘We Can’t See the Sun’: Malaysia’s Arbitrary Detention of Migrants and Refugees
• Office of the UN High Commissioner for Human Rights (OHCHR) – Reports on immigration detention in Malaysia
• Malaysian Immigration Department – Enforcement framework and penalties under immigration law
• Al Jazeera (2024) – Reporting on refugees living in legal limbo in Malaysia
• Centre for Global Development – Analysis of refugee work rights in Malaysia and Thailand
• Bernama (Malaysian national news agency) – Coverage of Migrant Repatriation Programme and voluntary return schemes
• Reuters – Regional reporting on Rohingya sea arrivals and enforcement actions
Further reading from The Immigrant Times: Global migration || Nepali migration || Migrant workers in Russia || India expels Rohingya refugees ||
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