150.01 Commuters/116
The Secretary of State to the Canadian Chargé ( Wrong )
Sir: I have the honor to refer to the Minister’s note No. 159 of June 13, 1927, requesting certain information regarding the operation of the Department of Labor’s General Order No. 86 and to advise you that the following replies have been made by the appropriate branch of the Government to the questions propounded by you.
The questions are taken up in the order in which they appear in the Legation’s note, with the answers appended thereto.
“1. What is the status under the Order of Canadians born in countries to which the quota applies who began to cross the border between June 3rd, 1921, and June 30, 1924, and who did not have the requisite residence qualifications at the time of their first admission to qualify under the provisions of Section 2 C and D of the Order?
“A. The Order contemplates that where residence is a requisite, such residence must have obtained at the time of original admission.
[Page 508]“2. Will persons who fulfil the provisions of this Order, by the payment of head tax and by the presentation of visas when necessary, be able to continue to cross the border indefinitely without being required to pay head tax and to secure visas a second time?
“A. Persons who comply with the provisions of the Order are admitted as immigrants, and the immigration rules and regulations governing what constitutes abandonment of status, exemption from repayment of head tax, etc., for aliens so admitted are applicable.
“3. Will persons who comply with the provisions of this Order at some future date be able to live in Canada and cross the border daily to work?
“A. The answer to the preceding question would seem to answer this query.
“4. Will a person who is permitted under this Order to cross the border daily, and who at some future date changes his employment in the United States from one employer to another, be permitted to continue to cross the border?
“A. This question would also appear to be answered by the foregoing, the nature and place of employment being a matter of no particular concern.
“5. What will be the status under the Immigration Laws of the United States of persons permitted to cross the border under Section 2 of the Order? Will they be considered to have been admitted as immigrants to the United States?
“A. This question is answered in the affirmative. In fact, the whole tenor of the Order deals with such persons as immigrants and not as visitors.
“6. What is the meaning of the phrase at the end of the first paragraph of Section 2 ‘provided that they are not coming to seek employment’?
“A. The exemptions in the Order apply only to aliens entering in pursuance of existing employment, and not to persons seeking employment.
“7. If a person permitted to cross the border under Section 2 of the Order ceases in the future to cross the border, will he be permitted to resume the practice at a later date?
“A. This question is answered under query No. 2.
“All the questions under the captions (a), (b), (c), (d), (e), (f) and (g) are answered in the affirmative, with the restrictions already referred to.”
Accept [etc.]