840.48 Refugees/12–1945

The Secretary of State to the Acting Secretary of War (Royall)

My Dear Mr. Secretary: The Department of State has given full consideration to your letter of December 19 requesting a policy decision with respect to the granting of asylum in the United States zone in Germany to persons who are currently fleeing from reported persecution in eastern European countries. To supplement the information supplied in your letter, cables were sent to the United States missions in Berlin and Warsaw, and reports have now been received. Other reports on the subject have been received from Caserta.

The situation set forth in these reports may be summarized as follows. The refugees arriving from Poland have been carefully interviewed and quite generally give reports of pogroms and persecution. Efforts have been made to obtain details as to time and place, and these reports, where possible, have been investigated. So far no evidence has been uncovered supporting reports of physical persecution, nor does the appearance of the refugees even in regard to nourishment or clothing indicate that such has been the case. The reports fully bear out the fact that economic and living conditions in Poland are poor or bad and that this situation applies to the entire population. They indicate further that efforts made by UNRRA and other agencies to improve the situation have not created any general amelioration. The questioning of the refugees undoubtedly indicates a fear of hostile attacks and impending persecution on the part of the populations in their home areas.

This Government would wish to offer asylum in any areas under its control to those who seek it. Unfortunately the number of persons who can be received and cared for in the United States zone in Germany is, according to the reports, already exceeded. The choice appears to be not between offering asylum and not offering it, but between maintaining bearable conditions for those who have already [Page 1225] sought asylum and permitting those conditions to deteriorate by the influx of still further refugees into the zone, where the conditions of all would be intolerable. It is believed therefore that Military Government Law 161, which prohibits entry, should be enforced as of a date sufficiently far in the future, as for instance January 25, 1946, so that in the meantime notice of such enforcement may be sent by the Department of State to the Governments of Poland, Czechoslovakia and the U.S.S.R. If this is done, those already en route would not be subjected to further hardship and those who may be contemplating their departure for the United States zone may be fully apprized of the situation.

The Department has also given consideration to your suggestion that a civilian agency for the handling of all persons in the United States zone entitled to treatment as United Nations displaced persons be created, in view of the apparent inability of UNRRA or the Intergovernmental Committee on Refugees to take effective action looking toward the placement of non-repatriables in other areas. As you are aware, UNRRA has no authority under the terms of its resolutions to do other than assist in the repatriation of displaced persons to their, countries of origin or to the countries of former residence, which may accept them. It is true, as I have indicated in my letter of December 28, 1945, that the interest of certain member Governments of the Intergovernmental Committee in their nationals who are unwilling to return to their homes handicaps action by the Committee at the moment. Action by the Committee has also been delayed by the raising by the British Government of the question of the incorporation of the Committee and its activities in the United Nations.

Without minimizing these political difficulties it is also true that substantial progress in liquidating the non-repatriable group in Germany cannot be expected until communication facilities from Germany to other countries are available to United Nations displaced persons, permitting them to plan with available relatives and friends for their settlement in other countries. The availability of shipping is also essential.

In view of the likelihood that the political and organizational problems which the Intergovernmental Committee faces will be resolved by direct negotiation between the British and United States Governments, at the meeting of the United Nations this month and at the approaching meeting of the UNRRA Council, it does not appear feasible or desirable to create a United States civilian organization to assume responsibilities which should properly be shared by all the United Nations. Furthermore, a United States civilian organization would face the same problems now confronting the Intergovernmental Committee. It therefore appears wiser to concentrate all energies on [Page 1226] the proper organization, strengthening, and clarification of the functions of the Intergovernmental Committee on Refugees.

I shall be glad at any time to discuss these problems, which are admittedly serious, with you and the members of your staff, and shall await your suggestion as to an appropriate time.

Sincerely yours,

James F. Byrnes