Expert warns enforcement gaps could be exploited by smugglers, traffickers and cross-border criminal networks
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.
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“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 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 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 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, 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.
