ปัญหาและอุปสรรคในการบังคับใช้กฎหมายตามนโยบายผ่อนผันการจับกุมแรงงานต่างด้าวผิดกฎหมายของเจ้าหน้าที่ตำรวจในพื้นที่อำเภอเมืองเชียงใหม่

Abstract

This study aimed to investigate the problems and obstacles in the implementation of the arrest postponement on illegal immigrants by the police officers in Mueang Chiang Mai and the possible solutions. The participants in this mixed method research, chosen by purposive sampling, were officers responsible for implementing the arrest postponement on illegal immigrants from Chiang Mai Immigration Bureau, Provincial Police Region 5, Chiang Mai Provincial Police Office, and Police stations including Bhuping Palace, Chiang Phuek, Mae Ping, and Muang Chiang Mai. They were divided into two groups: 67 implementers of the arrest postponement on illegal immigrants and 7 administrators. In addition, the data was collected by a survey questionnaire and an interview. For data analysis, statistical analysis was implemented for the quantitative data, and descriptive analysis was used for the qualitative data. The data revealed that the problems in terms of the characteristics and the objectives of the implementing policies, the structure of the organizations, the capacity of the organizations, and the relationships among the implementing organizations was at a moderate level. The average scores were 3.13, 3.11, 3.15, and 3.10, respectively. The scores leaned toward high to the highest. For the resources of the organizations, the problems were at a moderate level with the average score of 2.97. The score leaned toward low to the lowest. The obstacles in implementing the arrest postponement on illegal immigrants were also at a low level with the average score of 2.65 leaned toward low to the lowest. Others problems and obstacles included the unclear objectives and changeable policies which decreased the confidence of the implementers and there was not any main responsible organization. Furthermore, the business owners and the immigrant workers did not follow the laws, that is, they did not register which caused criminal and health problems, for example. Therefore, it can be suggested that the implementers and the administrators should have knowledge and understanding of the objectives of the changing policies to prevent any confusion in the implementation, and the law should be seriously enforced. In addition, the number of the immigrant workers should be controlled. When there are changes of the policies, the measures should be clear. Furthermore, the registered workers should have limited scope of work and there should be clear regulations concerning leaving the work area. In terms of database system, there should be a correct statistical data and an online immigrant worker register system. For society, the funds related to immigrant workers should be used to solve problems caused by the increasing number of immigrant workers, for example, in education, transportation system, and public health.