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SEC. 35. Diplomatic and consular officers of the United States are authorized to collect the following fees :
For visaing each foreign passport (not including
CONTROL AT POINT OF ENTRY AND DEPARTURE
Sec. 36. The actual control of persons departing from the United States at all seaboard and lake ports shall be exercised by the representatives of the customs service of the Department of the Treasury, who shall act as control officers for this purpose. The actual control of persons departing from the United States by land and of all persons entering the United States shall be exercised by the representatives of the Bureau of Immigration of the Department of Labor, who shall act as control officers for this purpose. The Secretary of State may from time to time designate other persons to act as control officers at any place. In all cases where passports or/and permits to enter or depart are required under these regulations each traveller before entering or departing from the United States shall present his passport or/and permit to the Control Officer at the point of entry or departure. He shall also answer such questions and undergo such examination as the Control Officer shall direct. If, as the result of such questioning and examinations, the Control Officer decides that the entry or departure of the holder of the passport or permit would be prejudicial to the interests of the United States, such person shall not be allowed to enter or depart. Under such circumstances the Control Officer shall immediately notify the Secretary of State by telegraph of his decision and shall as soon as practicable, and in no case later than two days after such decision, forward to the Secretary of State a full report giving the reasons for detention and a full transcript of any testimony or information bearing on such decision.
SEC. 37. If the Control Officer shall be satisfied that the permit and passport are valid and regular and have been properly visaed and that the holder presenting them is the person described therein, that neither of them has been altered or tampered with, and that the holder's departure or entry is not prejudicial to the interests of the United States, he shall allow the holder to depart from or enter the United States.
SEC. 38. In addition to the control as above set forth of persons generally required to secure permission to depart from or enter the
United States, control may be exercised over individuals belonging to classes of persons generally allowed to depart or enter without permits or passports. A Control Officer may temporarily prevent the departure or entry of any such individual, in case he considers such departure or entry prejudicial to the interests of the United States. Such action shall be immediately reported to the Secretary of State with a full statement of the reasons therefor. An individual so prevented from departing or entering shall not be entitled to the benefit of any of the limitations or exceptions contained in Section 9 hereof and his departure or entry is forbidden unless, if an alien, he obtains permission from the Secretary of State, or, if a United States citizen, he obtains a valid passport.
Sec. 39. The Secretary of State is authorized to make regulations on the subject of departure from and entry into the United States additional to these rules and regulations and not inconsistent with them.
WOODROW WILSON THE WHITE HOUSE,
8 August, 1918.
EXPATRIATION AND REPATRIATION
File No. 136/85
WASHINGTON, October 27, 1917. 5676. Your 7451, 17th. Act of October 5, 1917, provides for repatriation of Americans who, since August 1, 1914, took oath of allegiance to a foreign state engaged in war with a country with which United States is at war, and who have actually enlisted, and have been or may be honorably discharged from such foreign armed forces. Such persons, if abroad, present evidence to consular officer that they come within terms of act, and take oath of allegiance to United States and abjuring allegiance to the foreign state under which they served. Certificates of repatriation to be made in triplicate under regulations now being prepared. Inform Consul General and repeat to Paris, Rome, Petrograd.
* Not printed.
File No. 136/96a
The Secretary of State to the Diplomatic and Consular Officers
WASHINGTON, December 28, 1917. GENTLEMEN : The Department has received from diplomatic and consular officers several despatches referring to the proviso contained in section 2 of the act of March 2, 1907 (34 Stat. L. 1228), “ That no American citizen shall be allowed to expatriate himself when this country is at war," and enquiring as to the proper application of this proviso in cases of native or naturalized Americans who take oaths of allegiance to foreign sovereigns or acquire naturalization in foreign countries, when this country is at war, and to naturalized citizens who, at such time, have completed a period of residence of two years in their native lands or of five years in other foreign lands.
While the matter is one for the ultimate decision of the courts, it is the present opinion of the Department that the proviso in question should be considered as applicable to all provisions of section 2 of the act relating to loss of American citizenship; that the operation of these provisions is suspended by this proviso during times of war, and that therefore American citizens do not expatriate themselves by any of the acts enumerated in this section as resulting in loss of American citizenship, but are held to their allegiance throughout the duration of the war.
If the presumption of expatriation had arisen against an American citizen before the United States entered the war it is, of course, incumbent upon such person to overcome it, under the established rules, before he can be registered or furnished with a passport. I am [etc.]
For the Secretary of State:
FRANK L. POLK
File No. 136/108
WASHINGTON, September 5, 1918. EXCELLENCY: Referring to your note of May 15, 1918, in which you inquire regarding the views of this Government relative to the status of William Egerton Mellen, who, it appears, has applied for
* Not printed.
naturalization under Canadian law, I have the honor to inform you that an investigation has been made into this matter, and the Department is now in a position to furnish the information which it seems is desired by the Canadian authorities for their guidance.
You call attention to a request said to have been made of the Canadian Department of State by the American Consul General at Vancouver, British Columbia, that, in view of provisions contained in an act of Congress, approved March 2, 1907, that “no American citizen should [shall] be allowed to expatriate himself when this country is at war,” certificates of naturalization be not granted to citizens of the United States. You further call attention to an application for registration which, it appears was made by Mr. Mellen to the American Consul General at Montreal, and was denied. And you ask to be informed respecting “the view taken by the United States Government in connection with applications for naturalization in Canada under such circumstances as those indicated above."
It seems unnecessary for the purpose of answering your inquiry to discuss this Department's regulations with regard to registration of American citizens abroad. The particular point regarding which information is desired can doubtless be made clear by indicating the Department's views respecting the construction of the act of Congress just mentioned. If Mr. Mellen can be naturalized under Canadian law irrespective of his status under the law of this country, the Department desires to make it clear that this Government has no intention of interfering with any action on the part of the competent authorities of the Canadian Government in the case of Mr. Mellen or in any similar case. However, in case Mr. Mellen should obtain naturalization as a Canadian citizen, the Department would still be obliged to regard him as an American citizen under the laws of this country in view of the statutory restrictions on the expatriation of American citizens in times of war. I have [etc.]
File No. 136/109
WASHINGTON, September 26, 1918. GENTLEMEN : The twelfth section of the Naturalization Act of June 29, 1906, has been amended by the act of May 9, 1918, so that it reads as follows:
That any person who, while a citizen of the United States and during the existing war in Europe, entered the military or naval service of any country at war with a country with which the United States is now at war, who shall be deemed to have lost his citizenship by reason of any oath or obligation taken by him for the purpose of entering such service, may resume his citizenship by taking the oath of allegiance to the United States prescribed by the naturalization law and regulations, and such oath may be taken before any court of the United States or of any State authorized by law to naturalize aliens or before any consul of the United States, and certified copies thereof shall be sent by such court or consul to the Department of State and the Bureau of Naturalization, and the Act (Public fiftyfive, Sixty-fifth Congress, approved October fifth, nineteen hundred and seventeen), is hereby repealed.
To comply with this act, the Bureau of Naturalization, Department of Labor, has adopted the following regulation: REGULATION GOVERNING THE ADMINISTRATION OF SUBDIVISION 12 OF SEC
TION 4, ACT OF JUNE 29, 1906, AS AMENDED BY ACT OF MAY 9, 1918, PUBLIC NO. 144, 65TH CONGRESS.
Section 2 of the act of March 2, 1907, provides that an American citizen shall be deemed to have expatriated himself when he has taken an oath of allegiance to any foreign state. The last proviso of that section is as follows:
And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war.
In view of the foregoing, the oath of allegiance will not be required of American citizens who have subscribed to an oath of allegiance after April 5, 1917, for the purpose of entering the military or naval service of any country associated with the United States in the present war, since by this last proviso they are not allowed to expatriate themselves except during time of peace.
An American citizen who took an oath or obligation prior to April 6, 1917, to enable him to serve in the military or naval forces of a country which is at war with a country with which the United States is at war and thereby expatriated himself, may have his American citizenship restored by complying with the terms of subdivision 12 of section 4 of the act of June 29, 1906, as amended by the act of May 9, 1918, Public No. 144, 65th Congress.
The following oath of allegiance has been adopted for all who come within the provisions of subdivision 12:
I hereby declare on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic, and that I will bear true faith and allegiance to the same.
* The text which follows is not a verbatim quotation of the Bureau of Naturalization regulation.