The proposal will be discussed at a tripartite meeting among officials of the department, the attorney-general’s chambers and the Chief Justice’s office next week, said immigration director-general Mustafar Ali.
“The meeting will also consider public opinion on the issue of whipping for offenders, including employers who harbour illegal migrants,” he told reporters.
Deputy home minister Nur Jazlan Mohamed said recently the whipping provision in the Immigration Act 1959/63 (Amended 2002) had not been enforced.
Instead, employers found to have infringed the law were compounded RM5,000, or fined or jailed in specific cases.
Under Section 55B of the act, anyone who employs a foreign migrant without a valid permit can be fined up to RM50,000 or jailed up to 12 months.
However, those who employ more than five foreign migrants can be jailed up to five years with six lashes of the cane.
Mustafar said although sentences depended on the merit of individual cases, the department hoped heavier penalties could be imposed.
“That is why we want to discuss with the chief justice on this matter,” he added.
Mustafar said the tripartite meeting would also discuss the establishment of a special court to hear cases related to illegal migrants.
He said the special court would speed up the process of prosecuting and sentencing illegal migrants.