Papers relating to the foreign relations of the United States, 1931, Volume II

150.01/1843a

The Acting Secretary of State to Diplomatic and Consular Officers

Application of the Act of October 16, 1918, As Amended by the Act of June 5, 1920

Washington , July 18, 1931.

Diplomatic Serial
No. 2023

Sirs: With reference to Note 70, Section 361, Consular Regulations, as amended by the Department’s circular instruction of July 18, 1931 entitled “Changes in Consular Regulations and Notes No. 73,” there have been prepared for your guidance the following explanatory notes on the Act of October 16, 1918, as amended by the Act of June 5, 1920, which are applicable in the case of all aliens desiring to come to the United States.

I. Subdivisions (a) and (b) of Section 1 of the Act debar from the United States “aliens who are anarchists” and “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.”

II. That portion of Subdivision (c) which debars from the United States “aliens who believe in, advise, advocate, or teach, … (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,” may be taken to refer, among others, to the following categories of persons:

(1) Members of Communist Parties which are sections of the Communist International.

(2) Members of Communist Unions of Youth which are sections of the Communist International of Youth.

(3) Persons who believe in, advise, advocate, or teach, the doctrines mentioned but who are not actual members of the two organizations mentioned in (1) and (2).

III. That portion of Subdivision (c) which debars from the United States “aliens … 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,” may be taken to include, among others, the following categories of persons:

(1) Members of the following organizations:

(a) Communist Parties which are sections of the Communist International.

(b) Communist Unions of Youth which are sections of the Communist International of Youth.

(c) Other organizations which believe in, advise, advocate or teach the overthrow by force or violence of the Government of the United States.

(2) Persons affiliated with the following organizations (including subsidiary organizations), that is to say, persons who have taken part in meetings of these organizations (Congresses, Conferences, et cetera), who have been or are members of the executive organs (Executive Committees, Departments or Sections of Executive Committees, Central Committees, Presidia, Secretariats, et cetera), of these organizations, or who have participated or are participating in any capacity in the work of these organizations, and so forth:

(a) Communist International.

(b) Communist International of Youth.

(c) Red International Labor Unions.

• Subsidiary and affiliated organizations:
  • Pan-Pacific Secretariat of Labor Unions.
  • Latin-American Federation of Labor Unions.
  • International Propaganda and Action Committees, such as:
    • Miners International Committee for Propaganda and Action.
  • International Associations of Separate Trades and Industries, such as:
    • International of Educational Workers.
    • International of Seamen and Harbor Workers.

(d) Peasant International.

(e) Red Sport International.

(f) International Organization for Aid to Fighters for the Revolution (MOPR).

(g) International Organization of Workers Relief (MEZHRABPROM).

(h) Communist University of National Minorities of the West in the Name of Markhlevsky at Moscow.

(i) Communist University of the Workers of the East in the Name of Stalin at Moscow.

(j) Communist University of Workers of China in the Name of Sun Yat Sen at Moscow.

(k) Lenin School at Moscow.

(l) Other organizations which believe in, advise, advocate, or teach … the overthrow by force or violence of the Government of the United States, et cetera.

IV. Subdivision (d) debars from the United States “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.”

[Note.] The terms of the statute are self-explanatory.

V. Subdivision (e) which debars from the United States “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),” may be taken to refer, among others, to the following category of persons:

(1) Persons who are members of or affiliated with the organizations listed in III above.

(2) Persons who are members of or affiliated with, any other organization, association, society, or group, that may be involved in one of the acts enumerated.

VI. Subdivision (f) defines “advising”, “advocacy”, “teaching” or “affiliation” as follows:

“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.”

[Note.] For a further definition of affiliation see Note 70, Section 361, Consular Regulations.

The list of organizations named in this instruction while believed to contain the names of the principal organizations membership in or affiliation with which renders an alien inadmissible to the United States, is not to be taken, however, as an inclusive list of such organizations and may be added to from time to time.

Very truly yours,

W. R. Castle, Jr.