Kota Kinabalu (May 14) - The Sabah government has decided to postpone the implementation of the Malaysian Border Control and Protection Agency (AKPS) in the state, citing concerns over the protection of Sabah’s constitutional rights and immigration autonomy.
Hajiji Noor said the state administration will not proceed with the policy until clear assurances are provided that Sabah’s special powers over immigration and state authority will remain fully intact.
According to Hajiji, the Sabah Cabinet reviewed several legal and operational concerns linked to the implementation of AKPS, particularly involving the potential transfer of enforcement responsibilities at the state’s entry points.
He explained that under the Malaysian Border Control and Protection Agency Act 2024, AKPS would assume responsibilities currently handled by Sabah’s Immigration Department at border entry locations. However, the state government raised concerns that Sabah would not have direct authority over the agency’s operations.
The state administration also identified possible inconsistencies between the AKPS legislation and the Immigration Act 1959/63, which Sabah believes could affect enforcement efficiency and weaken the state’s constitutional safeguards relating to immigration powers.
Hajiji stressed that Sabah’s immigration autonomy is a fundamental right tied to the formation of Malaysia under the Malaysia Agreement 1963 (MA63), adding that these powers are non-negotiable.
The move reflects Sabah’s continued emphasis on preserving state rights and ensuring that any federal policy implementation aligns with constitutional arrangements and the spirit of MA63.
For Sabahans, the decision is likely to be viewed as a strong stance in defending the state’s autonomy and constitutional protections.
Immigration control remains a highly sensitive issue in Sabah due to longstanding concerns surrounding border security, undocumented migration, and the state’s unique rights under MA63. Many Sabahans see immigration autonomy as an important safeguard in protecting local interests and maintaining administrative control over who enters the state.
The postponement of AKPS may reassure residents who fear that centralising border enforcement could gradually reduce Sabah’s authority over immigration matters.
At the same time, the delay may also slow down certain federal border management reforms that were intended to improve coordination and enforcement efficiency nationwide.
Businesses and industries that rely on cross-border movement, including tourism, logistics, and trade, will likely monitor developments closely to see how future negotiations between Sabah and the Federal Government unfold.
Politically, the move reinforces Sabah’s increasingly assertive position on state rights and autonomy issues, particularly amid growing public awareness surrounding MA63 and constitutional protections.
Overall, the decision highlights Sabah’s ongoing effort to balance cooperation with the Federal Government while safeguarding powers that many Sabahans consider central to the state’s identity and constitutional position within Malaysia.