122.21/346
The Acting Secretary of State to Diplomatic and Consular Officers
No. 2024
Sirs: Note 70 to Section 361 of the Consular Regulations is hereby amended to read as follows:
“Section 3 of the Immigration Act of 1917 (39 Stat. 874) among others, prohibits the entry to the United States of the following classes of aliens:
“Anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United [Page 979] States, or of all forms of law, or who disbelieve in or are opposed to organized government, or who advocate the assassination of public officials, or who advocate or teach the unlawful destruction of property; persons who are members of or affiliated with any organization entertaining and teaching disbelief in or opposition to organized government, or who advocate or teach the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or who advocate or teach the unlawful destruction of property;
“Section 1 of the Act of October 16, 1918 (40 Stat. 1012) as amended by the Act of June 5, 1920 (41 Stat. 1008) prohibits the entry to the United States of the following persons;
- “(a) Aliens who are anarchists;
- “(b) Aliens who advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that advises, advocates, or teaches, opposition to all organized government;
- “(c) Aliens who believe in, advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that believes in, advises, advocates, or teaches: (1) the overthrow by force or violence of the Government of the United States or of all forms of law, or (2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States, or of any other organized government, because of his or their official character, or (3) the unlawful damage, injury or destruction of property, or (4) sabotage;
- “(d) Aliens who write, publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, published, or displayed, or who knowingly have in their possession for the purpose of circulation, distribution, publication, or display, any written or printed matter advising, advocating, or teaching, opposition to all organized government, or advising, advocating, or teaching: (1) The overthrow by force or violence of the Government of the United States or of all forms of law, or (2) the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, or (3) the unlawful damage, injury or destruction of property, or (4) sabotage;
- “(e) Aliens who are members of or affiliated with any organization, association, society, or group, that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subdivision (d).
- “For the purpose of this section: (1) the giving, loaning, or promising of money or anything of value to be used for the advising, advocacy, or teaching of any doctrine above enumerated shall constitute the advising, advocacy, or teaching of such doctrine; and (2) the giving, loaning, or promising of money or anything of value to any organization, association, society, or group of the character above described shall constitute affiliation therewith; but nothing in this paragraph shall be taken as an exclusive definition of advising, advocacy, teaching, or affiliation.
“Consular officers shall exercise the strictest vigilance and shall adopt every possible means at their disposal in endeavoring to ascertain whether a visa applicant falls within one of the categories set forth in the above cited provisions of law and a passport visa shall be refused when the circumstances of a particular alien’s case give rise to a reasonable inference that he belongs to one of the excluded classes mentioned. It is not necessary for the consular officer conclusively to prove that the alien falls within one of the categories set forth, the burden under the Act being placed upon the alien to present proof satisfactory to the consul to show that he is not inadmissible to the United States under any of the provisions of the immigration laws.
“Particular attention is invited to Subdivision (e) of Section 1 of the Act of October 16, 1918, as amended, which while partially defining the word “affiliation” as used in that Act, further provides that such definition shall not be taken as an exclusive definition of the word “affiliation”. The Department considers that the word “affiliation” as used in the act mentioned may therefore be understood to have the meaning, among others, of a connection with an organization, amounting to less than actual membership, which involves a sympathetic alliance with, or support, financial or otherwise, or espousal of, the aims and purposes of that organization. Mere employment for professional or other service may, but need not necessarily in itself, involve affiliation with an organization.
“The refusal of a visa under the provisions of law cited should promptly be reported to the Department by telegraph.”
Very truly yours,