Freedom House Migration T hailand’s geographic proximity to politically unstable countries, its low cost of living, and its tourist visa flexibility have attracted refugees and asylum seekers of all kinds, especially since the 1970s. For many, Thailand serves as a transit country as they attempt to settle somewhere else more permanently. As of February 2022, Thailand hosted approximately 576,000 “persons of concern,” 21 with refugees on the border with Myanmar making up the largest group.22 Thai officials, however, have continually viewed migration through the lens of “burden” and “pull factor” discourses. The government has consistently argued that assisting the forcibly displaced would require significant financial and human resources from the state—especially if the situation in the country of origin is prolonged—and may entice more migrants to come to Thailand.23 Over the past four decades, Thailand has on multiple occasions violated the principle of nonrefoulement via mass deportations of Laotian, Burmese, Vietnamese, and Cambodian refugees and asylees.24 Lack of legal framework for refugees and asylees Thailand is not a party to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol. The Thai government has consequently invited the UNHCR and other organizations to assist forcibly displaced people inside the country. Using the Refugee Status Determination (RSD) process, UNHCR determines whether individuals are “persons of concern,” who are then provided identity documents to indicate their official status. Refugees are divided into two groups—camp-based and urban—with the former classification given only to people who left Myanmar. The UNHCR is responsible only for determining the statuses of urban refugees. Camp-based refugees are processed through a Thai government–led procedure and cannot move outside designated areas. No national legal framework exists for the protection of urban refugees and UNHCR status designations are not formally recognized by the Thai government. Urban refugees are considered “illegal,” receive no guaranteed legal protection,25 and are constantly at risk of being detained on immigration grounds.26 UNHCRrecognized refugees in Thailand remain in the country at executive discretion27 and must be resettled in a third country. The process of being resettled in a third country, however, can take months or even years.28 The prolonged period of legal precarity provides opportunities for targeting via transnational repression. Obtaining protection from the host country is difficult as refugees and asylees often avoid interactions with authorities that could lead to detention or even deportation.29 Although there have been notable exceptions, nongovernmental organizations that work with migrants in Thailand report that Thai authorities generally do not knowingly deport people who have official UNHCR recognition.30 Those most at risk of transnational repression are therefore asylum seekers, as they have not yet obtained official refugee status, a process that can take months or years.31 Some asylum seekers are afraid of applying for official status determination in the first place, fearing that the host state will surveil them32 or use information that they offer against them.33 Thailand has on multiple occasions violated the principle of nonrefoulement via mass deportations of Laotian, Burmese, Vietnamese, and Cambodian refugees and asylees. Refugees as a threat to national security Security is the dominant lens through which Thai officials view refugees and other displaced people.34 Thailand’s National Security Plan describes refugees and asylees as potential threats to national security, social welfare, and the stability of Thailand’s international relations.35 Analysis of the drafting history of the 2019 immigrant-screening regulation indicate that the Thai government deems “people fleeing fighting from Myanmar, Rohingya, Uyghur, and North Koreans” as populations having “special security issues” that may seriously impact Thailand’s “international relationships.”36 Thailand’s security agencies have a central role in refugee management. While the Ministry of Interior is primarily in charge of administering the Immigration Act, the National Security Council has an influential role in shaping immigration policy.37 Together with the Ministry of Interior, the NSC forms a conservative block against efforts by the Department of freedomhouse.org 5