The Guidelines for Controlling Transnational Crimes under the Immigration Act B.E. 2522: Comparative Study with the Immigration Law of the United States of America

Abstract

Screening and inspecting aliens who travel to Thailand is an important initial process and an effective method to prevent transnational crimes. The researcher has studied the guidelines for preventing transnational crime under the Immigration Act B.E. 2522 (1979), which stipulates the permit and inspection of aliens. This research also compares the immigration law in Thailand with the law in the United States, which provide very strict criteria for permitting and inspecting the aliens and suggests useful guidelines to improve the Thai Immigration Act B.E. 2522 (1979). The research was conducted by literature review and interview with the related officers which results as follows.

According to the research, the processes and methods in the immigration law of the United States, comparing with the Thai Immigration Act B.E. 2522 (1979), it is found that the United States pays great attention to visa approval and inspection. By establishing the Immigration and Nationality Act of 1996 to set criteria for permission of the aliens to enter the country or have residence in the country. Also, it provides many provisions to prevent and control transnational crime, for example, giving the President the power to issue orders to enforce laws to prevent and suppress transnational crimes and providing the Oversea Immigration and Nationalization Office to have the power to work with foreign countries to collect information to analyze immigration information in collaboration with the United States National Central Bureau (USNCB) to control transnational crime. These methods create strict restrictions on aliens wishing to enter the country. The Legal Attache Program of the Federal Bureau of Investigation (FBI) based in the US Embassies in various countries performs a great role in combating transnational crime as well.

As for Thailand, the inspection and approval of aliens are specified in the Immigration Act of 1979, which has no different principles than the US Immigration and Nationality Act of 1996. However, there are still some limitations under the law that should be improved such as the prohibited characteristics of aliens requesting permission to travel into the country and the penalty of the corrupt officer. Moreover, the law should be modernized with the procedures and methods for visa approval and provide training for responsible officers to increase the efficiency of the process.