The files of the Department do not indicate the receipt of the
communication of February 21, 1934, referred to in the Secretary
General’s note of April 4, 1934.
[Enclosure]
The Secretary of
State to the Secretary General of the High
Com-mission for Refugees (Jewish and
Other) Coming From Germany
(
Wurfbain
)
The Secretary of State of the United States of America refers to
the notes of February 6, and April 4, 1934, from the Secretary
General of the High Commission for Refugees (Jewish and others)
coming from Germany, concerning the documentation of refugees
and the extending of assistance to refugees in finding work in
the countries to which they proceed.
With regard to documents for travel to the United States in the
case of refugees who are outside the country to which they owe
allegiance, it may be stated that American consular officers are
authorized to accept a substitute travel document, such as a
Nansen Certificate, or even an affidavit executed by the alien
himself, if for any reason a passport or document in the nature
of a passport can not be obtained. It may be mentioned, however,
with regard to refugees who are still residing in the countries
to which they owe allegiance, that if an alien [Page 306] is in his own country and if
travel documents are required for exit, the consular officer
could not waive the passport requirements, but would have to
inform the alien that he should obtain permission from his
Government to leave the country.
The regulations referred to above are broad enough to cover the
cases of “stateless” persons, so that aliens in this category
would not be prevented from immigrating into the United States
as a result of an inability to obtain a passport or document in
the nature of a passport. In the foregoing connection, it should
be pointed out, however, that although a consular officer may
accept a travel document in lieu of a passport under the
conditions outlined above, there is an additional requirement in
the case of non-immigrants that they establish an ability to
depart from the United States and proceed to some other country
at the end of their visit, in accordance with the intent
expressed at the time of their application for a passport visa.
If the Document of Identity and Travel, or similar document,
mentioned in paragraph 3 of the Suggestions of the Permanent
Committee of the High Commission,8 provides for return to the issuing
country, the requirement mentioned would be covered.
Although the documents mentioned above would be acceptable for
entry into the United States, it may be observed, with respect
to Suggestions Nos. 1 and 2, that there is no provision under
the law for issuance by United States authorities of Documents
of Identity and Travel to aliens. It may be mentioned that
aliens, whether refugees or not, who have been admitted into the
United States for permanent residence, may receive from the
Department of Labor reentry permits which are sufficient for
return to the United States without a passport or other travel
document. These reentry permits are valid for one year in the
first instance, and their validity may be extended for periods
of six months on adequate cause.
With respect to Suggestion No. 6 that stateless refugees be
permitted to remain in the country of their residence in the
same conditions and to have the same opportunities of obtaining
employment as are accorded to refugees who are German nationals,
and that stateless refugees should not be required to leave the
country before the terms of their passports expire, it may be
stated that aliens who have been admitted into the United States
will be treated alike subject to the conditions of their
admission; for example, aliens entering temporarily are required
under the regulations of the Department of Labor to show that
the validity of their passports or other travel documents will
extend beyond the period for which they are admitted. Also,
aliens admitted as temporary visitors are generally not
permitted [Page 307] to accept
employment. Aliens admitted in a special status, such as that of
a student or a treaty alien, are required to maintain their
status; otherwise they are subject to deportation.
With regard to the issuance of permits to work and to the
granting of facilities for the apprenticing of refugees in
industrial enterprises, or the placing of refugees as students
in technical institutions, it may be stated that aliens, with or
without nationality, whether refugees or not, who are able to
qualify under the immigration laws of the United States and who
are admitted for permanent residence, are not prohibited from
accepting employment. It should be mentioned, however, that it
would be difficult under present conditions for aliens to find
work in the United States, and that aliens coming to prearranged
employment would be subject to the contract labor provisions of
the law which provide generally that, with certain stated
exceptions, aliens who are subject to the contract labor
provisions of the law are excluded from the United States under
Section 3 of the Immigration Act of 1917,9 if they are induced,
assisted, encouraged or solicited to migrate to the United
States by offers or promises of employment. The Secretary of
Labor has authority to waive the contract labor clause, upon
suitable application by the importing person or firm, in the
case of skilled labor where labor of like kind unemployed cannot
be found in the United States. The consular officer to whom an
alien may apply for a visa will consider the facts in the
particular case before him to determine whether the alien comes
within the excluding contract labor provisions of the law.
It may be stated also that aliens who are likely to become public
charges are excludable under Section 3 of the Immigration Act of
1917. Accordingly, aliens who are unable to qualify under the
public charge provisions of the law would be ineligible to
receive immigration visas.
It may be added with regard to the cases of students who desire
to obtain training in technical institutions or in industrial
enterprises that aliens desiring to proceed to the United States
for training in industrial concerns may be considered as
applicants for temporary visitors’ visas, provided that the
institutions obtain on their behalf a waiver of the contract
labor clause of the Immigration Act of 1917. Students who are
coming to educational institutions of a technical character may
apply as non-quota immigrant students and may be granted visas
subject to die conditions relating to the entry of students.
There is no record of the receipt of the communication of
February 21, 1934, referred to in the Secretary General’s note
of April 4, 1934.
Washington
,
April 28,
1934.
