Reference is made to the Department’s telegraphic instruction of even
date5 designating Mr.
Curtis T. Everett as an observer at an Inter-Governmental Conference to
be held at Geneva on July 2, 1936, with a view to arranging a system of
legal protection for refugees coming from Germany.
In connection with the Conference under reference, there is transmitted
herewith a memorandum which has been prepared in the Department for the
use of Mr. Everett.
[Enclosure—Memorandum]
The Department has designated an observer at the Inter-Governmental
Conference, to be convened at Geneva on July 2, 1936, with a view to
arranging a system of legal protection for refugees coming from
Germany, but does not wish this designation to be interpreted as
indicating a desire on the part of the United States Government to
participate actively in that Conference.
The German refugee problem has as one of its basic elements, in
relation to the United States, the question of the immigration laws
governing the admission of aliens into the United States.
These laws, and the regulations issued thereunder, are contained in
large part in Section 361 in the Consular Regulations, with which
the observer should familiarize himself to such an extent as to be
able to answer any questions or give such advice as may be requested
with reference to the conditions under which refugees from Germany,
as well as all other classes of immigrants, may be admitted into the
United States.
Under normal conditions, the legal protection of refugees of all
nationalities in the United States is provided in this country
primarily by the local and State authorities, and not by the
authorities of the Federal Government. There would be serious
difficulties, both legal and administrative, in trying to enforce in
the United States any convention requiring the establishment of
uniform rules throughout the country for the legal protection of
alien refugees.
With respect to the question of the deportation of alien refugees, it
is the practice of the Federal Government to arrange for
transportation and subsistence to the actual place of residence
abroad of all persons deported or repatriated in accordance with the
immigration laws. Arrangements are made for special care and
attention when
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the
condition of the deported person requires it. The necessary
passports and visas are obtained in order that the deported or
repatriated person will have no difficulty in passing in transit to
his own country. It is the practice of the Government not to deport
or repatriate aliens who cannot obtain travel documents admitting
them to some other country. Deportations and repatriations are
generally not carried out in cases where it is shown that there
would be danger to the alien’s life in the country to which he is to
be sent.
As to the treatment of alien refugees in the United States, there is
generally speaking no legal distinction, as regards the standing of
an individual under the law, between an American citizen and an
alien residing in the United States. Such legal protection as is
granted to American citizens may therefore be considered in general
as covering equally the cases of aliens in this country.
