You are requested to transmit to the Secretary General the attached
memorandum, which has been prepared by the Visa Division of the
Department.
[Enclosure]
The Secretary of
State to the Secretary General of the High
Commission for Refugees (Jewish and Other) Coming From Germany (Wurfbain)
The Secretary of State of the United States of America refers to
the note of August 3, 1935,78 transmitting three Resolutions adopted at
the Fourth Session of the Governing Body of the High Commission
for Refugees (Jewish and Other) coming from Germany, held at
London on July 17, 1935, concerning the documentation of
refugees, their permits to work in the countries to which they
proceed, and other related questions.
With regard to Resolution No. 1, concerning passports and visas,
it may be stated that in the case of refugees who are outside
the country to which they owe allegiance, American consular
officers are authorized to accept a substitute travel document,
such as a Nansen certificate, or even an affidavit executed by
the alien himself, if for any reason a valid passport or
document in the nature of a passport can not be obtained. With
regard, however, to refugees who are still residing in the
country to which they owe allegiance, that is, if an alien is in
his own country and if travel documents are required for exit,
the consular officer could not waive the passport requirements,
but would have to inform the alien that he should obtain
permission from his government to leave the country.
[Page 425]
Although the documents mentioned above would be acceptable for
entry into the United States, it may be observed, with respect
to Resolution No. 1, that there is no provision under the law
for the issuance by United States authorities of documents of
identity and travel to aliens. Aliens, however, whether refugees
or not, who have been admitted into the United States for
permanent residence, may receive from the Department of Labor
reentry permits which are sufficient for return to the United
States without a passport or other travel document. These
reentry permits, for which a fee of $3.00 is charged, are valid
for one year in the first instance, and their validity may be
extended for further periods of six months on adequate
cause.
All aliens, whether refugees or not, are required by the
Immigration Act of 192479 to pay a fee of $10.00 for an immigration visa
and application therefor. Aliens coming on temporary visits to
the United States, who are nationals of countries with which
agreements have been concluded for the waiver or reduction of
passport visa fees either are exempted from the payment of the
usual $10.00 passport visa fee or such fee has been reduced on a
reciprocal basis. Nationals of other countries are required by
law to pay the usual $10.00 fee for passport visas obtained for
the purpose of visiting the United States temporarily. The
Government of the United States has invited the governments of
all foreign governments to enter into bilateral agreements for
the waiver or reduction of passport visa fees.
As regards Resolution No. 2, concerning permits to work, it may
be stated that aliens with or without nationality, whether
refugees or not, who are able to qualify under the immigration
laws of the United States and who are admitted for permanent
residence, are not prohibited from accepting employment. It
would be difficult, however, under present circumstances for
aliens to find work in the United States. Moreover, aliens
coming to the United States for prearranged employment would be
subject to the contract labor provisions of the Immigration Act
of 191780 which
provides generally that, with certain stated, exceptions, aliens
are excluded from entry into the United States if they are
induced, assisted, encouraged, or solicited to migrate to the
United States by offers or promises of employment. The Secretary
of Labor has authority to waive the contract labor clause, upon
suitable application by the importing person or firm, in the
case of skilled labor where labor of like kind unemployed can
not be found in the United States.
With reference to Resolution No. 3, concerning the expulsion of
refugees, it may be stated that the practice of the Department
of Labor is that deportation orders against aliens who are found
to be in the United States in contravention of its laws are
carried into [Page 426] effect
only if the consent of the government of another country to
receive such aliens has been obtained in advance.
