862.4016/1710
The Ambassador in Germany (Wilson) to the Secretary of State
[Received April 22.]
Sir: I have the honor to refer to the following exchanges of correspondence between the Department and the Embassy bearing on the question of the status of passports held by German Jewish nationals: Department’s telegram No. 111 of October 21, 4 p.m., Embassy’s telegram No. 252 of October 25, 5 p.m., Embassy’s telegram No. 256 of October 28, 5 p.m., Department’s telegram No. 113 of November 1, 1 p.m.,15 Embassy’s telegram No. 270 of November 12, 5 p.m.,16 Embassy’s [Page 362] despatch No. 3852 of January 26, 1938, and Embassy’s despatch No. 3903 of March 2, 1938.17
The Embassy has now received from the Foreign Office a reply to the Embassy’s note of November 9, 1937, requesting information concerning the status of German passports held by Jews (see Embassy’s despatch No. 3852 of January 26, 1938, referred to above). There are enclosed herewith a copy of the German text of the Foreign Office reply, an English translation thereof, and, for purposes of convenient reference, a copy of the Embassy’s original note of November 9, 1937, to the Foreign Office.18
In the light of the Foreign Office reply and information received by the Embassy from the various American consular offices in Germany, the situation with respect to the holding of German passports by Jews may be summarized as follows. Through a series of internal administrative instructions, the application of which would seem to vary somewhat according to the locality, Jews are finding it difficult to obtain passports for travel to foreign countries except for the following purposes: (1) business trips abroad certified as being in the interest of German economy by some competent governmental authority; (2) definitive emigration; and (3) occasional journeys outside of the country for urgent personal reasons including the intention to arrange for emigration. Jews in this sense would appear to be those defined as such by the so-called Nuremberg racial legislation, namely, persons belonging to the Jewish faith or persons with three or more Jewish grandparents.
The periods of validity of passports granted under the various circumstances outlined above would appear also to vary. In cases falling under category (1) above, the persons concerned are granted passports valid only for a single journey. In cases falling under categories (2) and (3) above, most of the passports issued are limited to six months validity, although instances have been noted in which Jews had obtained passports valid for a year and, in some cases, for two years. (It would appear that pending a definitive revision of the passport regulations, which it is understood is being undertaken, practically all German passports are being limited to two years in the case of men under 45 years of age, which is the upper age limit of potential military service.) It appears that some Jews still hold passports with an original validity of five years which they obtained some time ago, although in certain cases such passports have been cancelled by the police.
From the terms of the Foreign Office note it would appear that Jews are able to have their passports extended by German consular [Page 363] authorities in the United States on condition that the holders have not in the meantime lost German nationality. In accordance with point 3 of the Foreign Office note, all Jews, including those that are considered to have emigrated, are in theory eligible to reenter Germany at any time provided that they still possess German nationality. It is understood, however, that in some cases such Jews have been held up at the border and have been dispatched to Schulungslager, which in some instances are concentration camps, where they are apparently “schooled” in the belief that it might have been better for them to remain abroad. This apparently is not a hard and fast practice, but knowledge of cases in which it has been applied seems to be sufficiently general to have discouraged many Jews from returning to Germany.
The considerations determining whether or not a person has emigrated appear to be somewhat indefinite. This status is evidently accepted as established in the cases of persons who have paid the capital flight tax, moved their belongings abroad, etc. From point 4 of the Foreign Office note it may be observed that in addition to these specific acts which might be said to be in themselves determining, consideration is also to be given to a possible “intention of permanently leaving Reich territory”, and that this intention may be made a matter subject to assumption. It is indeed learned on good authority that an ordinance has been circulated ruling that Jewish children are to be classified as having emigrated should they remain abroad longer than three months after reaching their sixteenth year. It is understood, however, that the local police authorities at least have informed the leaders of the Jewish community that for the time being they will permit the readmission of children technically falling within the scope of this order if it is intended in good faith that these children should resume residence in Germany.
The possible loss of German nationality, as referred to in points 2 and 3 of the Foreign Office note, is perhaps the crux of the entire question. It may be recalled that the Ministers of the Interior and for Foreign Affairs possess authority by a decree of July 14, 1933, (Reichsgesetzblatt 1933, Part I, page 480), arbitrarily to deprive of German nationality persons who have offended against the National Socialist State. This has been done in a series of orders termed Ausbürgerungen (which at first were published in the press but are now usually omitted therefrom) setting forth lists of persons, in a large majority of cases, Jews, who are to be deprived of their nationality. It is essential, moreover, to recall that by a law promulgated February 9, 1938, the consistent failure to register with the German consular authorities following prolonged residence abroad is made a possible ground for the revocation of German nationality. (See section 5 of the Law of February 3, 1938, discussed in the Embassy’s [Page 364] despatch No. 3878 of February 15, 1938.19) As stated on pages 3 and 4 of the Embassy’s despatch immediately referred to above, it is thought that the operation of this provision may have an important bearing upon certain phases of the admission of German nationals to the United States. In this connection it is believed that the note of the Foreign Office does not contain complete assurances that the Reich Government will permit the return to Germany of all classes of aliens who may be subject to deportation from the United States. It would appear indeed that the above-mentioned provision of the Law of February 3, 1938, might be invoked to establish a claim that an alien had forfeited German nationality by non-fulfillment of the registration obligation, although from the American point of view he had taken no affirmative action to divest himself of German nationality.
What has been set forth above cannot be said to be conclusive inasmuch as it appears that a certain latitude of decision, and indeed caprice, is permitted the local authorities with respect particularly to the issuance of passports to Jews and the readmission into Germany of Jews who might possibly fall under the presumption of having emigrated. It is hoped, however, that the information contained in this and other despatches on the same subject answer as adequately as possible the questions raised in the Department’s original inquiry.
Respectfully yours,
- Telegrams Nos. 111 and 252, Foreign Relations, 1937, vol. ii, p. 325; Nos. 256 and 113, ibid., p. 326.↩
- Telegram No. 270 not printed.↩
- Despatch No. 3903 not printed.↩
- None printed.↩
- Not printed.↩