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Immigration clarifies Phuket visa run 'crackdown'


webfact

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I am not working in Thailand but I spend about 1.5 million a year living here, all income from abroad.

I just got divorced from a Thai previously on a Non-O, currently on a 60 day tourist visa, I am not 50 so retirement visa not an option.

While I love it here the whole Visa issue for someone like me make me look for other options.

My response to all of this is go to Burma or Cambodia if you don't have roots here, the time has come to move on to better pastures.

Yeah and its probably going to be whats going to happen. There are some personal issues and I would prefer to stay here but its just to difficult and really not worth the hassle.

I love Thailand and I would love to stay here but I can not see a way where its possible long term.

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Everyone should get a police report from their home countries prior to arriving and anyone with a criminal record should be refused entry at immigration that would stop so many criminals coming here and learning the innocent trustworthy Thais bad habits like scamming innocent normal tourists who are not illegally working in Thailand but holidaying.

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This is the twenty first century. Many people are now making their living on the internet, making their money from other countries and living in Thailand spending their money. These people have no legal means of living in Thailand. Even if they are on a non immigrant O visa, they are still breaking the law, because they don't have a work permit. Thailand should welcome these people. They are not taking jobs from Thais. Most of them make a lot of money and thus spend a lot of money in Thailand helping the economy. Quite a few live in rural areas where their contribution to the economy is well appreciated. Thailand should change their immigration procedures welcoming these people. They should issue work permits for working on the internet and issue non immigrant B visas for this purpose. If the individuals can show proof that they have brought an appropriate amount of money into the country they should get an extension of stay visa. Thailand should also offer an extension of stay visa for the purpose of retirement to any age level if they meet the financial requirements. Many people are inheriting large sums of money from their parents and are retiring early. These people want to live in warm country and many choose Thailand, but have no way of getting a legal visa.

Sent from my i-mobile IQ 6 using Thaivisa Connect Thailand mobile app

This is sound thinking I feel.... well said.

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I am also of the view that the sole trader company and work permit is something that could produce a reasonable revenue for Thailand but I also suspect their would be those who would abuse it, in many cases common sense, rational, practical laws are not in place for fear of abuse.

A blind eye is often turned where it suits, a bit like a little bit of corruption is okay but not the whole hog of corruption.

For example Thailand actively markets itself as an Asian hub for the movie and advertising industry whilst temporary models for all intents and purposes are freelance models hired by model agencies but with the onus of work permit being with the individual and not the companies.

Yes you can set-up your own business, you may even be able to put the majority of it in your name and not actually pay up your shares so set-up cost can be fairly low, but for many you will still probably have to take on local staff and also pay yourself around 50k each month to get the work permit often by lending your own company money, you would then pay personal tax on your own money that you are paying yourself with.

This is the dilemma for those who want to set up a basic sole trader company, perhaps working part time or just when they can get the work but definitely in the early stages they are often not sure if they will turn a profit that will pay them the 50k a month.

By promoting an industry that needs foreign freelancers but at the same time not providing reasonable legal opportunities to work and pay taxes it does not actively encourage and make doing the right thing easy. That is not to say that they have not fully considered this and decided that the downside of those who would abuse this makes the current approach the lesser evil.

I suspect there are other less publicized sole trader work permit options provided you are directly adding to Thai society, providing free language tutoring alongside you chargeable activities for example but you'd really need to know someone connected to go that route if it is actually possible.

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And I think they also forget to pay income tax in Thailand.

Your not too smart are you

Since they cant get a Work Permit how can they pay tax rolleyes.gif

I am sure they would love to get legal and pay taxes

Sorry Mr King. Mr h90 maybe on to something....

There is no link between Work Permit and ability/requirement to pay tax to Revenue Department.... please provide proof.

Just as an example, I was issued with an Individual Tax Number years ago. If I turned up at the Revenue every six months as required, because for some reason the ITN is not in a category for internet filing, declare my income within the Kingdom and smile sweetly, "Bob's your uncle".... because I am often out of the Kingdom at filing time, I pay a fine of 100 baht to 200 baht depending how late I am at reporting in person, not forgetting to smile more sweetly.

Furthermore, as far as I am aware, in most Tax jurisdictions... as far back as Al Capone... you pay your taxes irrespective of the "legality" of your income. That is one reason Revenue Inspectors sit in most Criminal Courtrooms, particularly fraud, prfostitution and drug trials......

I might be ignorant but if you do not work in Thailand why pay tax in Thailand?

My company is registered in my native country and I pay my taxes there and work when I am there, when I am in Thailand I am not legally allowed to work because I do not have a work permit and there is no way for me to get one without going into a grey zone with the law setting up a company and hiring Thais that only work on paper because I have no real job for them.

I consider myself a guest in this country and I follow the laws, like I would expect anyone coming to my country would do. What I am saying is Thailand is missing out on an income. I would happily pay 200K a year or what ever the rate is here in exchange for a yearly visa as long as I can show my work does not take a Thai job and I make for example more than 800K a year.

I am 40 I make about 2 mill a year but there are no way for me to legally live and work in Thailand. I could set up a company and hire 4 Thais but it would be a sham because those 4 would not actually have anything to do.

This is why we have all these crack downs on visas because some abuse the system because its out dated. I understand that Thailand do not want someone taking a Thai job but I bring in over 1.5 mill a year in foreign currency been doing that for 6 years and there are thousands like me and no way to stay and work here legally?

The tax money Thailand could make 200k x 2000 = a lot of money towards paying farmers for their rice

So you are saying the Thai's dont do it the way you want them to do it, but they DO have a way, but YOU think it is sham and there for don't do it. Sorry you are just doing what ever is easiest for your self. Set up a company, pay 4 lucky Thai;s 1000thb per month and you are legal. Stop complaining..

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In my research of SE Asia, I believe the Philippines has got it right. And if Thailand copied it, everything would be sorted.

1st, LSVVE - Long Stay Visitor Visa Extension.

http://www.immigration.gov.ph/index.php/visa-requirements/non-immigrant-visa/temporary-visitor-visa/long-stay-visitor-visa-extension-lsvve

Summary: During your initial 30d visa on entry, can extend 6 months at a time for what is now ~US $260. For a total of 15 months on 1 entry.
(So 2 extensions for 6m, then last extension will be the remainder left of 15 months)

Only small thing, is the office to do this is in Manila, but a short domestic flight will sort that out if your staying somewhere else.
(They are planning to extend this service to other parts like Cebu, but not yet)

2nd, SRRV

Special Resident Retiree's Visa

http://www.pra.gov.ph/main/srrv_program?page=1

Summary: As many of you mentioned, why start retirement at 50 ?
They have SRRV's as early as 35 years old, and 4 flavors including one specific for medical treatment.

So while I like Thailand and speak the language alright, as a young entrepeneur you can guess my next spot for the winter.

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The end result will probably just be people overstaying for extended periods. The 20k fine upon leaving isn't much of an deterrent.

I think I read that also overstays would be taken into consideration for approving visa or visa exempt entry.

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This is the twenty first century. Many people are now making their living on the internet, making their money from other countries and living in Thailand spending their money. These people have no legal means of living in Thailand. Even if they are on a non immigrant O visa, they are still breaking the law, because they don't have a work permit. Thailand should welcome these people. They are not taking jobs from Thais. Most of them make a lot of money and thus spend a lot of money in Thailand helping the economy. Quite a few live in rural areas where their contribution to the economy is well appreciated. Thailand should change their immigration procedures welcoming these people. They should issue work permits for working on the internet and issue non immigrant B visas for this purpose. If the individuals can show proof that they have brought an appropriate amount of money into the country they should get an extension of stay visa. Thailand should also offer an extension of stay visa for the purpose of retirement to any age level if they meet the financial requirements. Many people are inheriting large sums of money from their parents and are retiring early. These people want to live in warm country and many choose Thailand, but have no way of getting a legal visa.

Sent from my i-mobile IQ 6 using Thaivisa Connect Thailand mobile app

And I think they also forget to pay income tax in Thailand.

Questionable it all depends on if you are making money on line from products bought in Thailand. This would be inland revenue and so be taxable. Outland revenue is different in my opinion. If a guy manufactures products in China and has them drop shipped from China to the states then why would he be liable for tax in Thailand. The source of income is just the same as a pension, it comes via a third party to a bank account in Thailand to spend in the Thai economy. There are no business connections whatsoever in Thailand and so why would this not be acceptable?

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So you are saying the Thai's dont do it the way you want them to do it, but they DO have a way, but YOU think it is sham and there for don't do it. Sorry you are just doing what ever is easiest for your self. Set up a company, pay 4 lucky Thai;s 1000thb per month and you are legal. Stop complaining..


Stop complaining...and do what you say. Right.

He's going to do, and should do, what is in his best interest. He's saying that choice will leave Thailand without his money.
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Staying/working illegally in Thailand is no different to doing the same else where.

Bottom line if you cannot meet the criteria to live there, you have to look elsewhere.

Most illegal immigrants, contribute in some way to the community i.e paying rent , spending money etc but its not the point.

Seems to me Thailand is simply exercising it's right to pick and choose.

After 16 years there I was once given the 7 day get out stamp, as I missed a re-entry by 12 hours.Cost time and money to sort out.But what can you do, rules are rules and depending on mood of the immigration official, you're at there mercy.

Edited by stiggy
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This is the twenty first century. Many people are now making their living on the internet, making their money from other countries and living in Thailand spending their money. These people have no legal means of living in Thailand. Even if they are on a non immigrant O visa, they are still breaking the law, because they don't have a work permit. Thailand should welcome these people. They are not taking jobs from Thais. Most of them make a lot of money and thus spend a lot of money in Thailand helping the economy. Quite a few live in rural areas where their contribution to the economy is well appreciated. Thailand should change their immigration procedures welcoming these people. They should issue work permits for working on the internet and issue non immigrant B visas for this purpose. If the individuals can show proof that they have brought an appropriate amount of money into the country they should get an extension of stay visa. Thailand should also offer an extension of stay visa for the purpose of retirement to any age level if they meet the financial requirements. Many people are inheriting large sums of money from their parents and are retiring early. These people want to live in warm country and many choose Thailand, but have no way of getting a legal visa.

Sent from my i-mobile IQ 6 using Thaivisa Connect Thailand mobile app

I detect logic in your post. Logic is an unwanted import in Thailand.

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" Set up a company, pay 4 lucky Thai;s 1000thb per month and you are legal. Stop complaining.."

There are other company costs. Friend has a house in a company name, no other assets, and he pays around 15,000 baht a year in accounts fees for company document lodgement. Also, dont you have to show capital of 1 million baht for each employee?

lf so that is another 4 million required

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"special Residen t Retirement Visa"

http://www.pra.gov.p..._program?page=1

Summary: As many of you mentioned, why start retirement at 50 ?

They have SRRV's as early as 35 years old, and 4 flavors including one specific for medical treatment."

The Philippine retirement visa is actually a LIFETIME visa. You never report to immigration, you never renew it, you dont have to get a re entry permit, you have a plastic resident card and you come and go as you like.

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"special Residen t Retirement Visa"

http://www.pra.gov.p..._program?page=1

Summary: As many of you mentioned, why start retirement at 50 ?

They have SRRV's as early as 35 years old, and 4 flavors including one specific for medical treatment."

The Philippine retirement visa is actually a LIFETIME visa. You never report to immigration, you never renew it, you dont have to get a re entry permit, you have a plastic resident card and you come and go as you like.

In LOS I think "they" think we are somehow ripping their social security system off...........blink.png

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This is the twenty first century. Many people are now making their living on the internet, making their money from other countries and living in Thailand spending their money. These people have no legal means of living in Thailand. Even if they are on a non immigrant O visa, they are still breaking the law, because they don't have a work permit. Thailand should welcome these people. They are not taking jobs from Thais. Most of them make a lot of money and thus spend a lot of money in Thailand helping the economy. Quite a few live in rural areas where their contribution to the economy is well appreciated. Thailand should change their immigration procedures welcoming these people. They should issue work permits for working on the internet and issue non immigrant B visas for this purpose. If the individuals can show proof that they have brought an appropriate amount of money into the country they should get an extension of stay visa. Thailand should also offer an extension of stay visa for the purpose of retirement to any age level if they meet the financial requirements. Many people are inheriting large sums of money from their parents and are retiring early. These people want to live in warm country and many choose Thailand, but have no way of getting a legal visa.

Sent from my i-mobile IQ 6 using Thaivisa Connect Thailand mobile app

And I think they also forget to pay income tax in Thailand.

Questionable it all depends on if you are making money on line from products bought in Thailand. This would be inland revenue and so be taxable. Outland revenue is different in my opinion. If a guy manufactures products in China and has them drop shipped from China to the states then why would he be liable for tax in Thailand. The source of income is just the same as a pension, it comes via a third party to a bank account in Thailand to spend in the Thai economy. There are no business connections whatsoever in Thailand and so why would this not be acceptable?

Pensions received from abroad are taxable in Thailand (if there is a tax treaty between Thailand and the other country they should only be taxed once).

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"special Residen t Retirement Visa"

http://www.pra.gov.p..._program?page=1

Summary: As many of you mentioned, why start retirement at 50 ?

They have SRRV's as early as 35 years old, and 4 flavors including one specific for medical treatment."

The Philippine retirement visa is actually a LIFETIME visa. You never report to immigration, you never renew it, you dont have to get a re entry permit, you have a plastic resident card and you come and go as you like.

In LOS I think "they" think we are somehow ripping their social security system off...........blink.png

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i see a sharp increase in the future of even more fraudelent ED schools popping up

I don't.

It would seem that the ED visa is no longer a viable option in Phuket.

This is why:

Before a student in Phuket could do a visa run to KL with papers from his or her school, and then come back with a 3 month ED visa stamp. An extension for a further 9 months was then granted. In the subsequent years of study the student would be granted a 12 month extension at which time he could also pay for a single (multiple) re-entry permit.

However, when applying for an extension a student in Phuket is now given a 1 month "under consideration" stamp the same as what you get if you apply for a visa based on marriage. So the extension regime goes like this 1mth + 5 mths + 1 mth + 5mths. So four trips to immigration (and at Phuket that is often an all day exercise) just for the extension stamps. Then add to that an additional four trips to immigration to do the required 90 day reports (because now the report dates do note line up with the extension dates). Note also that it is no longer possible for you to purchase just one re-entry permit. If you want to cover the full year you have to purchase four: 2 x 1000THB and 2 x 3800THB.

And so the costs for 12 months on an ED visa in Phuket are (at a minimum) as follows:

Visa run to KL minimum: 4000 Using a overnight death bus option, add another 5000THB if flying

School fees: 30,000 Including initial visa cost when applying

Learning materials 1000

Extension fees 3800

Re-entry permits 9600

8 trips to immigration 2400 Please note that this is based on self ride on motorcycle. If using tuk tuk or taxi add another 8-12,000THB

Photocopies and photos 200 Probably more than this in reality

fuel for attending class 10,000 Please note that this is based on self ride on motorcycle. If using tuk tuk or taxi add another 50-60,000THB

Repairs to motorcycle 5000

Minimum total cost 73,000

While on the topic of costs. It is also very important to note that this new approach for ED visa burns up a huge number of pages in your passport.

For example:

Underconsideration stamp: 1 page

Re-entry permits: 1 page

Extensions: 1 page

Cost of passports vary depending on country of origin. But if you have an Australian or other hidden chip type passport each page costs about 300THB (not factoring in the time for obtaining a new passport). So another 2-3000THB could be added to the above costs for passport pages.

Then add to the above expenses the time lost out of your life dealing with immigration and attending class (you can put a value on how much your time is worth):

8 trips to immigration minimum. If there is an issue with your paperwork, or if immigration is having a bad day, or if there is a public holiday, or if there is an accident in Phuket town or on Patong hill, or if there is a protest, or if there is a mob blocking Thepkrassattri Road, or if the road is flooded,...add some more days

Then add commuting to school and back 2 times a week and attending class. If you have to ride to class add additional days for any of the problems identified in the paragraph above. Also add additional days for cancellation or changes to your classes by your teachers or school. So at a absolute bare minimum 100 half days = 50 days.

Also add some more time lost running around to pick up documents from your school, and to obtain photos and photocopies.

So the loss of your time is around 50-60 full days.

So there you have it. Complying with the requirements of an ED visa in Phuket will cost you 75,000 THB of your hard earned cash and two months of your life.

Tell me again (like I was a small child, or a golden retriever) why you predict a boom in enrollment numbers?

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"Because it is not possible, you need a work permit to pay income tax ..."

Not true. The Revenue Department will accept your tax form - even if you owe no tax - whether you have a WP, or not.

So are you saying people that work online can stroll into the revenue dept and decalre themselves working illegally in Thailand and would like to pay tax on their illegal earnings

Is that really what you are saying ?

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This is the twenty first century. Many people are now making their living on the internet, making their money from other countries and living in Thailand spending their money. These people have no legal means of living in Thailand. Even if they are on a non immigrant O visa, they are still breaking the law, because they don't have a work permit. Thailand should welcome these people. They are not taking jobs from Thais. Most of them make a lot of money and thus spend a lot of money in Thailand helping the economy. Quite a few live in rural areas where their contribution to the economy is well appreciated. Thailand should change their immigration procedures welcoming these people. They should issue work permits for working on the internet and issue non immigrant B visas for this purpose. If the individuals can show proof that they have brought an appropriate amount of money into the country they should get an extension of stay visa. Thailand should also offer an extension of stay visa for the purpose of retirement to any age level if they meet the financial requirements. Many people are inheriting large sums of money from their parents and are retiring early. These people want to live in warm country and many choose Thailand, but have no way of getting a legal visa.

Sent from my i-mobile IQ 6 using Thaivisa Connect Thailand mobile app

Those who are working online without permits, meaning they are also not paying tax or legally employing Thai staff, are of no benefit to the country whatsoever. In fact these illegal workers are benefiting by living in Thailand cheaper than in their own countries, plus bypassing all the encumbrances of registering and running companies in the West.

Reading the OP I gather that the exploits of the eternal tourists are now going to be under more scrutiny and whether these people are given extended visas or not is going to be under the discretion of the Immigration officers.

I have nothing against the Westerners that are working and living here legally, but those who are not have no entitlements to be in Thailand. Many Westerners under 50 years old can legally live and work in Thailand, providing they meet the imposed conditions as imposed by the Immigration department, for example skilled engineers, fully qualified teachers and so on. Otherwise it`s a case of being here under false pretences. Hoping that eventually all these people will be weeded out, they are not wanted here.

Edited by Beetlejuice
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If you can show means, you may be permitted a 4th or 5th extension.

I'm betting that the only means needed to be shown will be a 500 baht note to the immigration officer........and that will do for an indefinite number of renewals.

Of course, this will be the case after things have settled down a bit and the spotlight is not on the issue.

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This is the twenty first century. Many people are now making their living on the internet, making their money from other countries and living in Thailand spending their money. These people have no legal means of living in Thailand. Even if they are on a non immigrant O visa, they are still breaking the law, because they don't have a work permit. Thailand should welcome these people. They are not taking jobs from Thais. Most of them make a lot of money and thus spend a lot of money in Thailand helping the economy. Quite a few live in rural areas where their contribution to the economy is well appreciated. Thailand should change their immigration procedures welcoming these people. They should issue work permits for working on the internet and issue non immigrant B visas for this purpose. If the individuals can show proof that they have brought an appropriate amount of money into the country they should get an extension of stay visa. Thailand should also offer an extension of stay visa for the purpose of retirement to any age level if they meet the financial requirements. Many people are inheriting large sums of money from their parents and are retiring early. These people want to live in warm country and many choose Thailand, but have no way of getting a legal visa.

Sent from my i-mobile IQ 6 using Thaivisa Connect Thailand mobile app

"Thailand should welcome these people. They are not taking jobs from Thais. Most of them make a lot of money and thus spend a lot of money in Thailand helping the economy."

Ah, the Farang Fantasy Factory is working over-time today. All these big spenders should hop on a plane to a neighboring country and get a tourist visa or non-imm 0 so they don't have to cross the border every 15 to 30 days. That way they can spread their considerable wealth around to support all of SE Asia and not just Thailand. Maybe they should get humanitarian awards for their contribution to the local economies.

b20c52126cdca57c54845edc021e8497.jpg No seriously, stop. I think I just wet myself.

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In my research of SE Asia, I believe the Philippines has got it right. And if Thailand copied it, everything would be sorted.

1st, LSVVE - Long Stay Visitor Visa Extension.

http://www.immigration.gov.ph/index.php/visa-requirements/non-immigrant-visa/temporary-visitor-visa/long-stay-visitor-visa-extension-lsvve

Summary: During your initial 30d visa on entry, can extend 6 months at a time for what is now ~US $260. For a total of 15 months on 1 entry.

(So 2 extensions for 6m, then last extension will be the remainder left of 15 months)

Only small thing, is the office to do this is in Manila, but a short domestic flight will sort that out if your staying somewhere else.

(They are planning to extend this service to other parts like Cebu, but not yet)

2nd, SRRV

Special Resident Retiree's Visa

http://www.pra.gov.ph/main/srrv_program?page=1

Summary: As many of you mentioned, why start retirement at 50 ?

They have SRRV's as early as 35 years old, and 4 flavors including one specific for medical treatment.

So while I like Thailand and speak the language alright, as a young entrepeneur you can guess my next spot for the winter.

Why wait go now or is it the pussy that is holding you back at the moment you can not have it both ways. Byeeeeeeeeee

I did not know about this until after I arrived here, this year. Just doing a winter stint here, and seeing some friends.

Wish you all the best as well.

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This is exactly my situation, and I couldn't agree more. I'm in no way taking jobs from Thai people, and all of my clients are foreigners. Every penny I make comes from a foreign country and is spent in Thailand, shouldn't this be exactly what the governments wants? Yet as I'm far too young for a retirement visa and not interested in getting married anytime soon I have to resort to questionably legal means to obtain visas on an annual basis.

Regardless of where your money comes from, when you're in Thailand, you're using the roads, you're putting wear and tear on the infrastructure, you're flushing the toilet, and you're being protected from bad guys by the police, from epidemics by the health care agencies, from mosquitoes by the mosquito spraying agencies, and from Commies by the military. That all costs public money.

It's very straightforward to get a proper visa. Register a business, invest the appropriate amount of capital and hire some local people to pump money into the economy, and follow the rules. Will it cost you money? Possibly- but I doubt Ford or GE or Yamaha are in Thailand to spend more money than they make here. Will it cost time? Hire the right Thai employees and they'll spend their time.

You can be a victim of increased enforcement of existing rules, or you can take some action to make sure you're not the next subgroup to be scrutinized. If I wanted to stay here, I'd be taking some action.

It's probably only going to get worse...

Edited by impulse
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This all makes sense to me, except for the reference to criminals. I think this has much more to do with illegal employment than catching criminals or preventing criminals from entering the country.

It is the same pretzel logic that is used to justify gun laws on the convoluted misconception that:

  • gun crime can be eliminated by taking guns away. not from criminals who don't obey laws, but from law-abiding people
  • immigration crime can be eliminated by taking visas away, not from criminals who don't obey the law, but from law-abiding frequent visitors.
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