New Thai Deportation Law Increases Risks for Burmese Refugees

Published: September 26, 2026, 6:51 pm

A recently enacted Thai law designed to streamline the deportation of foreign nationals is causing deep anxiety among Burmese refugees residing in Thailand. The new legal framework, approved in August 2026, aims to handle deportation issues with greater speed and effectiveness in the absence of previous concrete guidelines. Since Thailand has not signed the 1951 Refugee Convention, the paths to residency are limited. Civil society organizations and refugees themselves warn that the lack of clear safeguards against non-refoulement—the principle that prevents sending asylum seekers back to countries where they face persecution—could lead to life-threatening consequences for those fleeing the military junta in Myanmar.

For many young Burmese, the threat of deportation is synonymous with forced military service. Since the 2021 coup, the Myanmar military has struggled to maintain control over more than 20 percent of the country and has forcibly conscripted over 30,000 individuals since February 2024. Refugees like Nway, a 23-year-old activist who fled to Chiang Mai after being targeted for conscription following her release from prison in April 2026, fear that being sent back would result in immediate arrest and forced deployment to the frontlines as part of what many call the "one-way troops."

The situation is particularly precarious for the estimated 4 million Myanmar nationals living in Thailand, nearly half of whom are undocumented. Many, like 22-year-old Aung, work in hazardous conditions for low wages—sometimes as little as 150 baht per day, the equivalent of around $4.50—to avoid drawing attention from authorities. Aung, who remains in his factory to minimize the risk of encounters with police, noted that his mother continues to pay bribes to Burmese officials to prevent his siblings from being conscripted in his place. He stated, "If I was deported to Myanmar, I would be taken to the frontlines and I will never go back home."

The risk of extortion is also high. A 2025 Human Rights Watch report highlighted how police in border cities like Mae Sot frequently target Burmese nationals. Elsa, who fled to Mae Sot in 2023 with her family, reported that they did not leave their home for 4 months between April and August in 2024 due to increased patrols and arrests. This environment of fear forces many to rely on brokers to secure "pink cards" or migrant worker permits, a process that remains opaque and costly. Kyaw, a 35-year-old music producer who fled after witnessing colleagues being kidnapped by military personnel, paid 14 million kyat, or over $6,600, in bribes to escape. He now lives in constant fear that if he were deported, he would be forced into the frontlines of a civil war he refuses to serve in.

Legal advocates are sounding the alarm regarding the new regulations. Tanyakorn Thippayapokin of Asylum Access Thailand warned that the law is written broadly enough to target any undocumented individual, potentially facilitating further harassment and extortion. Thanida Piyachot of Fortify Rights noted that 2 individuals have already been deported under the new framework, raising serious questions about the lack of standards in the decision-making process. The Coalition for the Rights of Refugees and Stateless Persons has formally called for a review of these regulations to ensure they align with international human rights standards.

For refugees like Nway and her friend Pho Thar, a photojournalist who sustained permanent injuries during his time in Yangon's Insein Prison, the possibility of returning to Myanmar is non-existent. Pho Thar, who fled to Chiang Mai to avoid the high risks associated with border towns, remains focused on survival while waiting for his legal residency documents. Meanwhile, Nway seeks only the stability she lost, stating, "I don't want to worry again about what will happen at night, like in Yangon. I want to sleep peacefully."

Photo: Collected