Abrogation of Rule (d) of the Circular Instruction of November 18, 1911
File No. 136.2/66a
Washington, June 1, 1916.
To the American Diplomatic and Consular Officers (Including Consular Agents)
Gentlemen: In a circular instruction, number 77, of November 18, 1911,9 the Department authorized the issuance of emergency passports to naturalized American citizens who had brought upon themselves the presumption of expatriation under the provision of section 2 of the act of March 2, 1907, by a protracted residence abroad, and were not able to overcome such presumption under the established rules, upon such persons showing that they had “made definite arrangements to return immediately to the United States for permanent residence.” The Department held that the making of such arrangements was in itself sufficient to overcome the presumption of expatriation, and prescribed rule (d) to that effect. In recent years, and particularly since the outbreak of the present war, diplomatic and consular officers having authority to issue emergency passports have been called upon in numerous cases to issue such passports to naturalized citizens who had been residing abroad for many years, some of them for periods of twenty years or more. In many of these cases the facts and circumstances indicated that the persons concerned had established their permanent residence abroad, usually in their native lands, and would not have decided to come to the United States but for difficulties experienced abroad, particularly those arising out of the war. It appears that the real motive for returning to the United States was in some of these cases a desire to avoid payment of war taxes and, in others, a desire to evade performance of military service on the part of the applicants themselves, or to safeguard the interests of their sons. In many of these cases the persons concerned had not obtained American passports or registered in American consulates, or otherwise held themselves out as American citizens for many years past, and all attendant facts indicated complete abandonment of the United States.
The Department is of the opinion that it was to meet such cases as those mentioned above that the provisions contained in the second paragraph of section 2 of the Expatriation Act of March 2, 1907, [Page 11] were adopted, and the Department has reached the conclusion that American passports should not be granted for the purpose of enabling persons of the class in question to return to the United States. Consequently, the Department hereby abrogates rule (d) prescribed in the circular instruction of November 18, 1911, where under the presumption of expatriation could formerly be overcome.
It is believed that all meritorious cases of naturalized citizens who have brought upon themselves the statutory presumption of expatriation, and have not been residing abroad for health, or education, or church missionary work, or promotion of American trade and commerce, will fall within the purview of rule (c) of the circular instruction of April 19, 1907, entitled “Expatriation,” under which a person against whom the presumption has arisen may overcome it by showing “that some unforeseen and controlling exigency beyond his power to foresee has prevented his carrying out a bona fide intention to return to the United States within the time limited by law, and that it is his intention to return and reside in the United States immediately upon the removal of the preventing cause.”
With relation to rule (c), it may be well to observe that it is not applicable to cases of persons who have been engaged abroad in local business of some kind and have failed, through the ordinary vicissitudes of business rather than some special misfortune, to accumulate means sufficient to enable them to return to the United States.
I am [etc.]
Acting Secretary