Thailand tightens deportation rules for foreign nationals

The Cabinet has approved regulations governing the deportation of foreign nationals for illegal residence, unauthorised employment or behaviour contrary to public morals.

The Thai Government has begun drafting a new regulatory act to govern the deportation of foreign nationals whose behaviour does not conform to the Kingdom’s moral principles and social norms. Deputy Prime Minister for Legal Affairs Pakorn Nilprapant reported that the Cabinet approved the Office of the Prime Minister’s draft deportation regulations in July 2026 and that the State Council is urgently considering them.

Shortcomings of the current legislation

The current deportation law, enacted several decades ago, has significant shortcomings, chiefly because it lacks clear administrative procedures. In practice, this has meant that matters relating to the removal of foreign nationals have often been governed by immigration law. As a rule, individuals who entered the country illegally were prosecuted, detained and then repatriated.

Mr Nilprapant emphasised that the outdated provisions of the current law, which require deportees to be returned via the same route by which they arrived and for transport operators to reimburse the costs, no longer reflect modern realities. Many illegal migrants arrived a long time ago, lack the means to return home, and airlines refuse to assume these financial obligations. This situation has created serious logistical and financial difficulties.

A new approach to deportation

The new regulations aim to address these issues by proposing a more flexible and pragmatic approach. Under the draft, foreign nationals whose behaviour is deemed ‘deviant’ or incompatible with Thai social norms may be deported immediately. This provision is particularly significant, as Thai society places great value on respect for the monarchy, Buddhist traditions, and public order.

A different procedure applies to individuals convicted of serious crimes: they will first face prosecution. Still, they must be deported within 30 days of completing their sentence, provided a corresponding order is issued.

Funding and categories of offences

The Thai Government has decided to authorise the use of public funds to cover deportation costs, as this approach is considered more cost-effective than keeping foreign nationals in detention for extended periods.

The draft regulations list six categories of offences that may result in deportation. These include: illegal entry or overstaying (overstay), illegal employment, illegal business activities and forgery of documents. In addition to these main points, the final version of the document will specify other types of offences.

Strengthening inter-agency coordination

The new initiative also provides for enhanced coordination between government departments. In particular, the Department of Corrections will be required to notify the Ministry of the Interior before releasing a foreign prisoner. This will enable a deportation order to be issued in good time and prevent them from remaining in Thailand illegally. These measures aim to maintain law and order, protect national interests, and ensure respect for Thai laws and traditions among all foreign nationals.