150.01 Commuters/21

The Secretary of State to the Canadian Minister ( Massey )

Sir: I have the honor to refer to your notes dated April 23 and April 27, 1927,26 and to a conference at the Department on May 12, in which you so ably presented the difficulties in which certain citizens [Page 500] of Canada will find themselves as a result of General Order Number 86 of the Department of Labor which relates to the daily crossing of the Canadian boundary to employment in the United States. I wish to assure you at the outset of the sincere desire on the part of this Government to continue the traditional freedom of mutual travel between Canada and the United States just a$ fully and completely as the provisions of the laws of this country relating to immigration will permit.

While it is realized that the law upon which General Order Number 86 is based, mandatorily modifies a long established practice, I should appreciate it if you would note that every effort was made in drafting that order to afford the most generous treatment possible under the law to all persons who acquired border crossing privileges before the effective date of the present Immigration Act of 1924. Further, every possible opportunity will be given to native-born Canadians to acquire legal status in the United States by the presentation of a non-quota visa and the single payment of the head tax in accordance with provisions of our immigration laws which are mandatory. The border-crossing privileges hitherto accorded such persons will be continued during such period as is necessary for them to obtain non-quota visas.

We are agreed, I think, that the main difficulty lies with the Canadian residents who are not native-born Canadians and who have acquired border-crossing privileges since the quota system became effective. It is appreciated that such persons are none the less the responsibility of your Government even though our immigration law, which, unlike Orders in Council, may not be modified except by act of the Congress, gives them a less favorable status than persons born in Canada. You will doubtless recall that the Immigration Act of 192127 placed foreign born persons who had resided in Canada one year upon an equality with natives of Canada with respect to entry into the United States; the same Act as extended and modified by the Act of 192228 increased the necessary period of residence to five years; while the Immigration Act of 1924 denied the non-quota privileges to Canadian residents born outside of Canada and made them chargeable to the quotas of the countries in which they were born. It is among the non-Canadian born who are quota aliens that the Order will cause some hardship. The number involved is not yet accurately known and the competent authorities express the belief that it will be found to be comparatively small. It is recognized nevertheless, that many persons within this class, through their inability to obtain quota visas within the prescribed period, will, under the terms of the Order, be [Page 501] forced to relinquish employment in the United States which in certain cases they have enjoyed for a number of years. This would, I admit, constitute a hardship which I sincerely regret. I am sure you will appreciate that the large number of prior applicants whose desire to emigrate to the United States has been on record for some time at the Consulates in Europe and elsewhere and who must receive visas within the limited national quotas can not be deprived of the priority rights gained by such registration in favor of a particular group in any border city. Apart from the consideration that the law does not permit the creation of preferential classes in the discretion of the executive, fair dealing dictates that the obligations created by prior applications be scrupulously met.

In order to make sure that no unnecessary hardship shall be imposed upon persons in this category, consuls in the border cities have been directed to assist them in every possible way to obtain immigration visas under the provisions of the immigration law. The consuls will at once undertake the classification and listing of such persons in the course of which, if it appears that any individual is inadmissible to the United States or is chargeable to a quota against which the prior recorded demand is exceedingly heavy, he will be informed of his situation in order that he may make his plans accordingly. Those who obviously can not hope to receive immigration visas for some time to come because they are chargeable to small European quotas against which large demands now exist will be clearly informed of their status. In other words, a sincere endeavor will be made to reduce the uncertainties of the situation to the minimum.

The issue of quota visas will begin immediately after July 1 against allotments of quota numbers from the appropriate quotas which will be as large as prior applications against the quotas will permit and will proceed at the maximum rate allowed by the law. Before the expiration of the time limit specified in Order Number 86, within which aliens of this class must present quota visas, it will probably be found that all who have hitherto held border-crossing permits issued to them by the Department of Labor since the quota system became effective, will not, by reason of the numerical restrictions of the quota law, be able to receive immigration visas. Should this prove to be the case, I shall be glad at once to request the Secretary of Labor to allow further time in which these people may gain a status in conformity with the law and the Secretary has already assured me that any such request will receive the most sympathetic consideration possible.

Meanwhile, I shall be glad to confer with you whenever you desire it, and I am directing the officers of this Department to keep in touch with your Legation and to continue their studies of the subject [Page 502] with a view to clearing away, so far as can be done under existing law, all difficulties and dissatisfaction in regard to border crossing. Should these studies indicate that there are difficulties inherent in the law which tend to affect adversely the traditional friendly relations between Canada and this country, I shall make it a point to have the matter brought to the attention of the Congress when it convenes, and the Secretary of Labor assures me that he will cooperate to this end.

Accept [etc.]

Frank B. Kellogg
  1. Note of April 27 not printed.
  2. 42 Stat. 5.
  3. 42 Stat. 540.