Malaysia

No prosecution, Govt introduces immediate compound fines for short-term overstayers

Foreign nationals overstaying by under 90 days no longer face court prosecution, says Home Minister

Updated 1 year ago · Published on 05 Sep 2025 5:43PM

No prosecution, Govt introduces immediate compound fines for short-term overstayers
Policy is effective immediately and aims to accelerate the processing of minor overstay cases while helping to ease overcrowding - Sept 5, 2025

THE Government has implemented a new immigration policy under which foreign nationals who overstay their permitted duration in the country by fewer than 90 days will be issued immediate compound fines, bypassing prosecution in court.

Home Minister Datuk Seri Saifuddin Nasution Ismail said the policy is effective immediately and aims to accelerate the processing of minor overstay cases while helping to ease overcrowding in immigration detention depots.

“For overstaying between one and 30 days, a compound fine of RM30 per day will be imposed, up to a maximum of RM900,” he said on Friday.

“If the overstay falls between 31 and 60 days, a flat compound of RM1,000 will apply. For 61 to 90 days, the compound will be RM2,000,” he added.

“However, in cases where an individual overstays by more than 90 days — for instance, up to nine years — we will initiate a formal investigation,” Saifuddin clarified.

He was speaking after launching the Madani Adopted Village and School Programme by the Immigration Department at Sekolah Kebangsaan Rambong Pulai.

Saifuddin said the new measure could reduce case resolution times from 14 days to as little as one day.

“There are clear benefits. Our detention depots will not be unnecessarily overcrowded. But compounds will only be issued in cases where the overstay is deemed to have a reasonable cause, rather than proceeding with prosecution,” he explained.

“Examples include foreign nationals who are unable to return due to illness, accidents, or uncontrollable events such as natural disasters like floods,” he said.

In a separate update, Saifuddin reported that from 1 January to 30 August this year, a total of 35,225 undocumented migrants were arrested nationwide for various immigration offences.

“These arrests stemmed from 9,500 operations, involving checks on approximately 152,000 foreign nationals,” he said.

Indonesians, Myanmarese, and Bangladeshis accounted for the highest number of arrests. The violations ranged from entering Malaysia without valid documents, overstaying, and misuse of valid permits, particularly work passes.

He added that 1,395 employers had also faced enforcement action during the same period for hiring or harbouring undocumented migrants.

As of 28 August, 36,557 foreign nationals had been repatriated to their home countries. This figure does not include the 35,225 individuals newly detained, who are still undergoing documentation processes.

Repatriation typically occurs within ten days of receiving a detention order, deportation order, and securing flight arrangements, Saifuddin said. - Sept 5, 2025

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