The Thai cabinet has given its in-principle approval for a new regulation aimed at expediting the deportation of foreigners, addressing long-standing procedural gaps in the country’s immigration system. The draft regulation, originating from the Prime Minister’s Office, was greenlit on July 14 and is currently undergoing review by the Office of the Council of State, having been classified as an urgent matter.
Addressing Gaps in Existing Deportation Law
According to officials, while Thailand possesses a deportation law, its administrative procedures have historically been unclear. This ambiguity has often led to immigration law effectively superseding deportation in practice. Currently, individuals who enter the country illegally are typically subjected to prosecution, followed by detention and eventual repatriation.
The existing legislation, which dates back several decades, mandates that deportees must be returned via the same route they originally entered, with transportation costs borne by the carriers. However, this provision has become increasingly impractical in the modern era.
Challenges with Current Procedures
A key challenge highlighted is that many undocumented migrants entered Thailand years ago and may lack the financial means to arrange their own return. Furthermore, airlines have become reluctant to cover the significant expenses associated with deporting individuals, especially when the original entry method is no longer feasible or when the individuals lack proper documentation.
The new regulation seeks to modernize these procedures, recognizing that current realities differ significantly from the conditions under which the original law was established. The aim is to create a more efficient and realistic framework for handling deportations.
Expanded Grounds for Deportation and Financial Considerations
Under the proposed regulation, foreigners engaging in conduct deemed “deviant” or inconsistent with Thai social norms could face immediate deportation. For those convicted of serious criminal offenses, the process would involve prosecution first. However, if a deportation order is issued, they must be deported within 30 days of completing their prison sentence.
A significant shift in the new regulation is the government’s decision to allow state funds to cover deportation costs. This approach is viewed as a more cost-effective solution compared to the prolonged expenses associated with detaining individuals for extended periods. The financial burden of repatriation will no longer solely rest on transport operators or the individuals themselves in many cases.
Categories of Offenses Leading to Deportation
The draft regulation outlines six primary categories of offenses that may warrant deportation. These include:
- Illegal entry or overstaying visa permits.
- Engaging in unlawful employment.
- Operating illegal businesses.
- Document forgery.
- Other violations deemed serious by immigration authorities.
- Conduct inconsistent with Thai social norms.
Inter-Agency Coordination for Efficient Deportation
To ensure a smoother process, the regulation also introduces requirements for enhanced inter-agency coordination. Specifically, it mandates that the Corrections Department must notify the Ministry of Interior before a foreign inmate is released from custody. This notification is crucial to allow for the timely issuance and execution of a deportation order, preventing individuals who are subject to deportation from re-entering the general population.
This proactive measure aims to close loopholes that might allow deportable individuals to evade the process. By linking the release of foreign inmates with the initiation of deportation procedures, the government seeks to streamline the entire system, making it more effective and responsive.
Conclusion: Towards a More Efficient Immigration System
The cabinet’s approval of this draft regulation marks a significant step towards modernizing Thailand’s approach to foreigner deportation. By clarifying administrative procedures, expanding the grounds for deportation, and addressing the financial and logistical challenges of repatriation, the government aims to create a more efficient and manageable immigration system. The move is expected to reduce the burden on detention facilities and ensure that individuals who violate immigration laws or pose a risk to social order are processed for removal more effectively.
