PATTAYA, Thailand – Thailand is moving closer to introducing clearer deportation procedures for foreigners following Cabinet approval of a new regulation aimed at making the removal process faster and more effective. Deputy Prime Minister for Legal Affairs Pakorn Nilprapunt said the draft Regulation of the Office of the Prime Minister on Deportation is currently being reviewed by the Office of the Council of State after the government classified the matter as urgent.
Pakorn explained that Thailand already has deportation laws, but there has been no clear administrative regulation defining when and how deportation should take place. In recent years, immigration laws have largely replaced the older deportation system, meaning foreigners found illegally staying in Thailand have typically been detained, prosecuted, or held before being returned to their home countries. He said the previous system was created decades ago when illegal entry routes were easier to identify, with responsibility placed on airlines or transport operators to return passengers. However, modern cases often involve people who entered illegally and have no money for travel, creating difficulties for authorities. The new regulation aims to provide clearer procedures and allow authorities to arrange returns more efficiently.
Pakorn said the draft regulation focuses on two main situations:
- Foreigners who enter Thailand and engage in behavior considered seriously inconsistent with Thai social norms, public order, or good morals may be subject to immediate deportation.
- Foreigners who commit criminal offences may first face legal proceedings in Thailand. After completing their sentence, they may be ordered deported and returned within 30 days.
Under the proposed rules, deportation may apply to foreigners who:
- Enter or remain in Thailand illegally.
- Work in Thailand in violation of foreign worker laws.
- Operate businesses in violation of foreign business regulations.
- Forge government documents or use fake official documents.
- Commit offences carrying a prison sentence of three years or more.
- Act as a principal, instigator, or supporter of offences listed above.
The regulation also sets out procedures for government agencies handling deportation cases. The Department of Corrections would be required to provide information, including nationality, case records, and relevant documents, to the Permanent Secretary of the Ministry of Interior before a foreign national is released from prison. The Ministry of Interior would then consider issuing a deportation order and arrange the person’s return to their country of nationality without unnecessary delay. If a person has no confirmed nationality, authorities may return them to the country where they last lived before entering Thailand or arrange removal through another appropriate channel.
The regulation also addresses cases involving countries where the deported person is not a citizen, or where an international organization becomes involved. In such cases, a formal request through diplomatic channels must confirm responsibility for all costs related to the person’s care before deportation, including expenses incurred before departure and the cost of transportation. The person being deported must also provide written consent.
Pakorn said the government must balance human rights responsibilities with practical concerns, noting that long-term detention creates ongoing costs for food, healthcare, and accommodation. He said using state funds to arrange a quick return may be more practical than keeping people in detention for extended periods. The draft regulation was developed after the Cabinet assigned Pakorn on June 16 to coordinate with relevant agencies on improving laws and procedures related to immigration enforcement. The Cabinet approved the draft regulation on July 14, but it has not yet taken effect and remains under legal review before implementation.
