Integrity Legal

Although probably coincidental it appears that Immigration officials in both the United States as well as Thailand are taking a firmer stance regarding immigration violations compared to times past. In a recent article from USA Today it was noted:

U.S. Immigration and Customs Enforcement was ordered to quadruple worksite enforcement this year, and it did just that. In fiscal year 2018, which ended Sept. 30, ICE set 10-year highs for the number of worksite audits conducted (5,981) and criminal charges filed (779). ICE leadership claimed its crackdown is focused on employers and employees equally as part of a balanced approach to worksite enforcement, but the data show that the majority of arrests in 2018 were of workers. The 113 members of management charged with criminal violations in 2018 increased 82 percent from the previous year, but the 666 workers charged with criminal violations increased by 812 percent. The number of “administrative arrests” – those for basic immigration violations that are predominantly used against workers – spiked from 172 in 2017 to 1,525 in 2018. The 121 federal indictments and convictions of managers in 2018 represented a 10-year low for the agency.

It appears officials in the United States are predominantly concerned with immigration violations in an employment context, but there have also been developments which show the administration’s determination to more zealously scrutinize proposed beneficiary’s of immigration benefits as evidenced by the creation of the National Vetting Center as well as the formation of a task force designed to de-naturalize those suspected of immigration fraud. All of these developments in the aggregate provide substantial evidence that American officials are keen to suppress illegality in the Immigration apparatus.

Meanwhile, in Thailand officials continue to conduct raids on locations where “outlaw foreigners” are suspected of congregating or residing. However, it appears as though sham marriages have been an issue of more pressing concern as The Nation recently reported that Immigration authorities have had to deal with a number of individuals who have arranged marriages of convenience solely for the purpose of obtaining Thai Immigration benefits:

Police, in the ongoing crackdown on foreigners living unlawfully in the Kingdom, have arrested 10 Indian men and 24 Thai women os suspicion of involvement in a scam whereby fake marriages and false documents were used to extend the men’s stay in Thailand…Immigration Police Bureau 1 in Bangkok had detected the fake marriages between the 30 men and 30 women, which were falsely documented in order to extend spousal visas for the men, most of whom made a living in Thailand as illegal moneylenders or salesmen for pay-by-installment goods such as clothing and electrical appliances, police explained.

These recent developments evidence both an increased interest on the part of immigration officials to ascertain whether marriages are being entered into for legitimate purposes as well as an increasing level of sophistication utilized by Thai law enforcement officials in targeting suspected visa violators.

As of the time of this writing, it does not appear as though the pressure on illegal immigration operators in Thailand and the USA will let up.

Tags: American Immigration News, American Visa, Immigration Crackdown, Operation Outlaw Foreigner, Operation XRay Outlaw Foreigner, Thai Visa, Thai Visa News, Thailand Immigration News, Thailand Visa, Thailand Visa News, US Immigration News
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As noted in the prior entry on this blog, Thai immigration policies, procedures, and enforcement protocols are in a state of flux. This entry will attempt to provide a sort of round up regarding the recent developments with respect to changes in the Thai Immigration apparatus.

In recent weeks, there have been further crackdowns on visa violators. Most notably, there have been raids which have netted a number of foreign nationals either physically present in Thailand while on overstay or present in Thailand with no evidence that the nationals in question had ever been lawfully admitted to the Kingdom in the first place. It seems that this trend of conducting raids at venues where illegal aliens may be present is set to continue. It is notable that schools of all types are being included in such raids.

Furthermore, where once the bureaucracy associated with accepting and processing visa applications (particularly Business visa applications) seemed primarily concerned with simply ascertaining whether the formalities required to secure a visa or visa extension were in place. Now, Immigration authorities and adjudicating officers seem to be prioritizing heightened scrutiny of Thai visa applications.  This is having the effect of seeing further requests for documentation especially in business visa extension applications. This change in attitude also has an investigative component as it seems to be required that all new B visa extension applicants be subjected to inspection by Thai Immigration officers.

Increased enforcement activity has not been confined only to Business visas in recent weeks. In fact, it seems further scrutiny of Thai O visa applications is likely in the future especially in light of authorities recently uncovering what would appear to have been an ongoing scheme to defraud the immigration system though use of sham marriages in Thailand. Although not directly attributable to concern over sham marriages the fact is that fewer and fewer Multiple Entry O visas are being issued by Thai Embassies and Consulates abroad when compared to times past. It is this blogger’s personal opinion that the decline in the number of such visas issued is directly attributable to the fact that Thai Immigration authorities are seeking to scrutinize those living in the Kingdom on a permanent basis and multiple entry visas do not accord them the level of scrutiny as would exist in the adjudication of an O visa extension.

It has been this blogger’s observation that many expats in Thailand take the position that efforts like these eventually fade into the background as the initial zealousness of those undertaking these policies and enforcement measures wanes. However, to assume that these new policies of heightened scrutiny and increased enforcement activities will “just go away” would fail to take into consideration the fact Thai Immigration authorities seem very keen on implementing long term policies and utilizing technology which will preclude regressive tendencies in the system moving forward.

Tags: Good Guys in Bad Guys out, Immigration Crackdown, Operation XRay Outlaw Foreigner, Thai B Visa, Thai Business Visa, Thai Immigration, Thai Visa, Thailand B Visa, Thailand Business Visa, Thailand Immigration, Thailand Visa, Visa Crackdown
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