Foreign Relations of the United States Diplomatic Papers, 1934, Europe, Near East and Africa, Volume II
548.D1/146
The Secretary of State to the Consul at Geneva ( Gilbert )
Sir: Referring to your despatch No. 939 Political, dated June 12, 1934, there are enclosed two communications addressed to the Secretary General of the High Commission for Refugees (Jewish and other) coming from Germany, in reply to his two communications dated June 2, 1934, concerning refugees. Copies of the Department’s communications are enclosed for the files of your office.
Very truly yours,
The Secretary of State to the Secretary General of the High Commission for Refugees (Jewish and Other) Coming From Germany ( Wurfbain )
The Secretary of State of the United States of America refers to the note of June 2, 1934, from the Secretary General of the High Commission for Refugees (Jewish and other) coming from Germany, concerning the repatriation to the country of origin or of legal nationality of refugees who had their home in Germany, but who have no ties or attachment with their country of origin or of legal nationality.
[Page 313]Section 20 of the Immigration Act of 1917, which specifies the country to which an alien may be deported from the United States, reads as follows:
“That the deportation of aliens provided for in this Act shall, at the option of the Secretary of Labor, be to the country whence they came or to the foreign port at which such aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which they embarked for such territory; or, if such aliens entered foreign contiguous territory from the United States and later entered the United States, or if such aliens are held by the country from which they entered the United States not to be subjects or citizens of such country, and such country refuses to permit their reentry, or imposes any condition upon permitting reentry, then to the country of which such aliens are subjects or citizens, or to the country in which they resided prior to entering the country from which they entered the United States.”
Each case which may involve deportation is considered as sympathetically as possible under the law.
Washington, July 13, 1934.
The Secretary of State to the Secretary General of the High Commission for Refugees (Jewish and Other) Coming From Germany ( Wurfbain )
The Secretary of State of the United States of America refers to the note dated June 2, 1934, from the Secretary General of the High Commission for Refugees (Jewish and other) coming from Germany, in regard to a series of supplementary recommendations concerning refugees adopted by the Governing Body of the High Commission during its second session held recently in London.
With regard to (a), it may be observed that there is no provision under the law for the issuance or renewal by United States authorities of documents of identity and travel to aliens. It may be mentioned, however, that aliens, whether refugees or not, who have the status of aliens admitted legally into the United States for permanent residence, may apply to the Department of Labor for reentry permits which will be sufficient for return to the United States without a passport or other travel document. A reentry permit is valid for one year in the first instance and its validity may be extended by the Department of Labor for periods of six months upon a showing of adequate cause for the extension.
With respect to (b), American consular officers are authorized to accept a substitute travel document or even an affidavit executed by an alien himself, in the case of an alien, whether a refugee or not, who [Page 314] is outside the country to which he owes allegiance. With regard to aliens who are still residing in the country to which they owe allegiance, the consular officer in that country could not waive the requirement for the presentation of a passport or other document required for exit, but would have to inform the alien that he should obtain permission from his government to leave the country.
The regulations issued for the guidance of consular officers 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 the result of an inability to obtain a passport or document in the nature of a passport.
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, there is an additional requirement in the case of nonimmigrants 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 applying for a visa for temporary entry into the United States.
The travel document which a consular officer may accept for travel to the United States is assimilated to a regular passport for the purposes of travel. The document may not, however, depending upon the facts in a particular case, have the same force as a regular passport in establishing the nationality status of the alien.
With regard to the suggestion that visas be granted on the travel documents referred to above without a fee, it may be stated that the fees to be collected in connection with the issuance of visas to persons coming to the United States are prescribed by law.
The Immigration Act of 192412 requires the collection of a fee of one dollar in connection with the application for an immigration visa, and a fee of nine dollars for the issuance of an immigration visa. The Act of June 4, 1920,13 provides for the collection of one dollar for executing the application for a passport visa for temporary entry and nine dollars for the issuance of the passport visa, except in the case of certain classes of aliens not here under consideration. Under the provisions of the Act of February 25, 1925,14 however, authority has been granted for the conclusion of reciprocal agreements with the governments of foreign countries for the reciprocal waiver or reduction of passport visa fees for non-immigrants. Under the authority of the Act referred to reciprocal agreements have been concluded with thirty-seven countries for the general waiver or reduction of [Page 315] non-immigrant visa fees. This Government has expressed its willingness and desire to conclude further agreements of this kind with the governments of other countries.
With regard to (c), it may be stated that aliens who have been admitted into the United States are 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 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 respect to the deportation of stateless refugees, it may be stated that Section 20 of the Immigration Act of 1917, which specifies the country to which an alien may be deported, contains provisions which are applicable in the case of an alien of no nationality. The Section of the Act cited reads as follows:
“That the deportation of aliens provided for in this Act shall, at the option of the Secretary of Labor, be to the country whence they came or to the foreign port at which such aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which they embarked for such territory; or, if such aliens entered foreign contiguous territory from the United States and later entered the United States, or if such aliens are held by the country from which they entered the United States not to be subjects or citizens of such country, and such country refuses to permit their reentry, or imposes any condition upon permitting reentry, then to the country of which such aliens are subjects or citizens, or to the country in which they resided prior to entering the country from which they entered the United States.”
Washington, July 13, 1934.