Thailand’s Cabinet has approved in principle a new deportation regulation that would allow authorities to remove foreigners whose conduct is considered incompatible with Thai morals and social norms, Deputy Prime Minister for Legal Affairs Pakorn Nilprapunt said.
The draft PM’s Office Regulation on Deportation was approved on July 14 and is now under review by the Office of the Council of State, having been designated an urgent matter. Pakorn said Thailand already has a deportation law, but it lacks clear administrative procedures, meaning immigration law has largely been used in its place.
Illegal entrants are typically prosecuted, detained and later repatriated instead of being deported outright.
The existing law, enacted decades ago, requires deportees to be sent back by the same route they entered, with transport operators covering the cost. Pakorn said this no longer reflects reality, as many undocumented migrants entered the country long ago and have no means to return, while airlines routinely refuse to bear the expense.
Under the new draft, foreigners engaging in conduct deemed deviant or inconsistent with Thai social norms could be deported immediately. Those convicted of serious crimes would still face prosecution first, but must be deported within 30 days of completing their sentence if a deportation order has been issued.
Pakorn said the government has chosen to cover deportation costs using state funds, arguing that repatriation works out cheaper than keeping people in prolonged detention.
The regulation sets out six categories of offence that may warrant deportation. These include illegal entry or overstay, unlawful employment, illegal business operations, document forgery, convictions carrying three or more years’ imprisonment, and acting as a perpetrator, user or accomplice in any of these offences.
The rules also require the Corrections Department to notify the Interior Ministry before releasing a foreign inmate, so that a deportation order can be issued in advance.
Once notified, the Ministry of Interior’s permanent secretary will report to the Minister of Interior, who can then issue an immediate deportation order.
Under the draft, deportees will generally be returned to their country of nationality. Where nationality is unclear, they will be sent to the country where they last reported residence before entering Thailand.
A separate provision allows a third country or international organisation to request to accept a deportee through diplomatic channels, provided it commits in writing to covering all related costs and the deportee gives written consent.
The regulation is still undergoing legal review by the Council of State before it can be formally enacted and published in the Royal Gazette.
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