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Consequences of Deportation or "Expedited Removal" from Thailand?
Transcript of the above video:
As the title of this video suggests, we are discussing the differences between deportation and what I would call in a colloquial vernacular, sort of Denial of Entry but in an American Immigration vernacular, you call it Expedited Removal or sometimes Expedited Deportation. Basically the difference is - I have done another video contemporaneously with this one where I explain in detail the difference - but deportation is where you are in the country, and you are being kicked out. Denial of Entry or in the American Immigration vernacular, Expedited Removal is where you have requested, you have traveled to the country and you are requesting entry either on a visa or on a Visa Exemption, and they say "no, we are not going to let you in". So in American Immigration vernacular you call that sometimes, Expedited Removal. Also it is sometimes called Voluntary Departure where the Immigration apparatus allows you to voluntarily depart. Basically you have come there, they have said "we are not going to let you in, you can go".
There are consequences to any of these scenarios though, so if you are deported from Thailand or you are doing a Visa Run and you are coming back in, if you are denied entry, it can be problematic in third country jurisdictions. What are we talking about here? Well I thought of making this video because I was talking to some friends of mine about a third person who had done like a 10-day overstay, they left, they had spent a fair amount of time in Thailand on visa exemption status throughout the year. They didn't get a proper visa, they were on a Visa Exemption status; they were on that by dint of their passport. They had some sort of Western passport that allowed for pretty lengthy, I think 60 days on arrival, visa exemption, so to be clear not a visa proper, just the right to request exemption status for 60 days. They had used that a fair amount of times in a given calendar year which in its own right can prove to be a bit nettlesome because Immigration looks at that and says, "hey if you enter more than twice on a 60-day stamp, we are viewing you as trying to live here using Visa Exemption status, and for that reason, we may not allow you entry on that basis." So there is that to deal with. But on top of that this person had an overstay.
Now as I have discussed in other videos, they didn't go over 90 days so there was no explicit ban, but they got into what I call the "shadow ban" area where any overstay - no matter how long or short - it comes up on immigration’s database and they don't like it, it's a red flag. It's a demerit if you will when they are looking at your file and deciding if they are going to possibly let you enter. And in this person's case, they said look you did a10-day overstay, you just left and hopped back in, both times using exemptions. You've already used a number of exemptions; we don't want to let you back in. Now to be clear, this person was not explicitly being deported, they were just being denied entry, but the results would likely have been the same if they were reported as well. This person then tried to enter a third country - can't remember where it was, it was like Vietnam, Malaysia, one of these other countries here in Southeast Asia - and that country said, "Hey you just got denied entry to another country. We don't want to let you in." This happens more and more now, especially as these Immigration Systems are becoming increasingly integrated in terms of their communication abilities. They're seeing each other and; in the past, especially in the analog era of Immigration which wasn't that long ago frankly - I can remember it quite vividly and I worked in it quite a lot - in the past they would basically, they wouldn't know, they just wouldn't know why you had left the prior country. Now they might if there was some terrible red stamp that might have been put in depending on the immigration service, but most countries out here aren't prone to do that unless there was a big issue like you are being deported subsequent to serving a prison sentence or something. If you just did some overstay time or "yeah we think you have been living here, we don't want you,” and they just sort of turn you around, that information did not instantaneously go to the third country that you might be going to. Again, by third country, I mean not the country of your passport's origin, and they just wouldn't see it and as a result they would let you in. You just wouldn't see it. I can remember my dad who was a practicing Attorney years ago, talking about how back in the day, people could have multiple DUI cases running in multiple different Courts at the State level system because it was all analog and the different Courts didn't see the different charges. As a result, if you juggled it correctly or spun the plates, as my old man would say, correctly, you could get it so you could plead them out on all the different ones and it was sort of like none of them ever happened. Again, that was sort of the benefit of the old analog system. In the digital era, again these systems talk to each other and in the context of a Denial of Entry or a deportation, that third country may not want to let you in. They may say like, hey for whatever reason Thailand said no to you, we don't really want any problem here, just jog on basically. And in this situation, this person had to return to the country of their passport’s issuance in order to find a place that would accept them and take them back in, because it sort of creates a chain reaction, a sort of feedback loop if you will. Once one country says "no" then a second country says "no". It's like well, what do you do from there? Well you might be in a position where you just end up back where you started in terms of where you were born possibly, because nobody is going to let you in seeing your prior history.
So this is just one more reason why it is extremely important to assiduously keep yourself in legal status here in the Kingdom of Thailand.
