811.00 Nazi/67

The Secretary of State to the Consul General at Berlin (Messersmith)

Sir: Reference is made to Consul Geist’s despatch No. 1820 of January 3, 1934, entitled “Nazi Propaganda in the United States.”

In regard to the inquiry concerning the issuance of visas to persons coming to the United States for propaganda purposes, you are informed that in considering an application for a visa a consular officer should consider the case with reference to the provisions of the Notes to Section 361, Consular Regulations, relating to the issuance or refusal of visas. The refusal of a visa must be based upon legal grounds. If an alien is found to be entitled to a classification claimed and is not believed to be inadmissible to the United States he should be granted a visa.

In regard to the cases of non-immigrants, reference is made to Note 101, Section 361, Consular Regulations, stating the grounds upon which a passport visa may be withheld. The provisions of Section 3 of the Immigration Act of 191754 and of the Act of October 16, 1918,55 as amended by the Act of June 5, 1920,56 relating to certain classes of politically inadmissible persons, are summarized on pages 118 to 120 of the Notes to Section 361.

In the case of a non-immigrant who is not believed to be inadmissible to the United States under the sections of the law cited, and whose presence in the United States would not be contrary to the public safety, a visa may be granted. If a consular officer believes that the presence of the alien in the United States would or might be contrary to the public safety, action on the case should be suspended and a report of all the facts should be forwarded to the Department with request for instruction.

With regard to the case of Professor Schoenemann, it does not appear to the Department that the facts cited in the despatch indicate that the presence of this alien in the United States would be contrary to the public safety. If Professor Schoenemann should apply for a visa, [Page 532] action may be taken upon his application in the light of the foregoing discussion.

Very truly yours,

For the Secretary of State:
Wilbur J. Carp
  1. 39 Stat. 874.
  2. 40 Stat. 1012.
  3. 41 Stat. 981.