TITLE E

AMERICAN PASSPORTS

$399. In General.

1

"A passport is the accepted international evidence of nationality; in its usual form, it certifies that the person described in it is a citizen or subject of the country by whose authority it is issued, and requests for him permission to come and go, as well as lawful aid and protection." 1 A passport is the only permissible certification of American nationality. While the United States does not complain of the exaction by a foreign State of

1 The language of the text is that in Moore, Dig., III, 856. "Other documents, such as safe-conducts, letters of protection, and special passes for individuals, and even passes for vessels, are referred to as passports, and not altogether inaccurately, since their object is to secure for the particular person or property freedom of movement and lawful protection. But these documents are used chiefly in war, and are granted on the strength of the personality rather than of the nationality of the individual, being issued, according to the circumstances of the case, even to enemies." Id.

See, generally, Gaillard Hunt, The American Passport, Washington, 1898; Rules Governing the Granting and Issuing of Passports in the United States, issued by President Wilson Jan. 24, 1917; proclamation and executive order of President Wilson, Aug. 8, 1918; President Wilson, message to the Congress, Aug. 25, 1919, respecting the continuance of the passport-control system, Senate Doc. No. 79, 66 Cong., 1 Sess.

A passport, as defined by Mr. Gaillard Hunt, "is a document issued by the Secretary of State, or, under his authority, by a diplomatic or consular officer of the United States abroad, to a citizen of the United States, stating his citizenship, and requesting for him free passage and all lawful aid and protection during his travels or sojourn in foreign lands." American Passport, 4. 2 Mr. Adee, Acting Secy. of State to Mr. Terres, No. 142, Sept. 26, 1893, For. Rel. 1894, 346. See, also, Mr. Bayard, Secy. of State, to Mr. McLane, Minister to France, July 2, 1885, For. Rel. 1885, 373, Moore, Dig., III, 857.

It may be observed that American consular officers have been authorized to issue to American citizens registered at consulates certificates of registration. Such documents do not certify that the registrants are citizens of the United States, but merely that they have registered as such. The same proofs of citizenship are, however, required in applications for registration as are demanded in applications for passports. Registration certificates are intended for use with local officials and not for purposes of travel. For this paragraph the author acknowledges his indebtedness to Mr. R. W. Flournoy, Jr. See Consuls, Miscellaneous Duties, infra, § 488.

IN GENERAL

[$ 399 such a certification of American citizens within its domain, objection is raised when the exaction constitutes a discrimination against such individuals.1

According to the existing law the right to issue passports in the United States is lodged solely in the Secretary of State, who is also empowered to permit the issuance and verification of passports in foreign countries by American diplomatic and consular officers, and by the chief or other executive officer in the insular possessions of the United States, and under such rules as the President may designate and prescribe.2

The Act of June 15, 1917, established as a condition precedent to the issuance of a passport to any person by or under the authority of the United States, the subscription to and submission by the applicant of a written application duly verified by his oath before a person authorized and empowered to administer oaths, and required that such application should contain a true recital of each and every matter of fact which might be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of a passport.3

Passports are not issued by American diplomatic and consular officers abroad, except in cases of emergency. A citizen who is abroad and desires to procure a passport must apply therefor through the nearest diplomatic or consular officer to the Secretary of State. Where, however, inconvenience or hardship would result from failure of the applicant entitled to a passport to receive one at once, a diplomatic officer, or a consular officer duly authorized by the Secretary of State, may issue an emergency passport good for a period not to exceed six months, and to be used for a stated purpose. Such a passport may be issued only when it is clearly shown that the person applying therefor is

1 Mr. Bayard, Secy. of State, to Mr. Muruaga, Spanish Minister, May 19, 1886, MS. Notes to Spain, X, 420, Moore, Dig., III, 859.

2 Rev. Stat. § 4075, as amended by the Act of June 14, 1902, 32 Stat. 386, U. S. Comp. Stat. 1918, § 7623; also Rev. Stat. § 4078. See, also, Rules Governing the Granting and Issuing of Passports in the United States, Jan. 12, 1915, enclosed in circular to American Diplomatic and Consular Officers, Feb. 8, 1915, American White Book, European War, II, 158-161; Dept. of State, Circulars Relating to Citizenship, 1916, 52.

3 Chap. 30, title IX, § 1, 40 Stat. 227, U. S. Comp. Stat. 1918, § 7628a. According to the Act of June 4, 1920, the validity of a passport or of a visa is limited to two years, unless the Secretary of State limits the validity of either of such documents to a shorter period. 66 Cong., 2 Sess., Chap. 223.

Rules Governing the Granting and Issuing of Passports in the United States, January 12, 1915, American White Book, European War, II, 160. Concerning Applications for Passports, see, id.; also Rules Governing the Granting and Issuing of Passports to Those Who Have Declared Their Intention to Become Citizens of the United States, June 1, 1915, id., II, 164.

about to proceed to a country to obtain admission into which a passport is obligatory.1

Upon the outbreak of The World War the Department of State authorized American embassies and legations in Europe "to issue emergency passports to American citizens who request them." 2 Such agencies were later instructed to exercise greatest caution in issuing such passports, and to require of each applicant "unquestionable evidence of his citizenship and identity." 3 In accordance with an executive order of January 12, 1915, the Department of State duly announced that a passport expires six months from the date of its issuance, but that a new passport would be issued upon a new application, accompanied by the old passport. Passports, it was said, were not renewed by the Department, but might be renewed for a period of six months by presentation, when about to expire, to a diplomatic or principal consular officer of the United States, together with a sworn statement of the countries which the holder expected to visit and the objects of his visits thereto. No passport was to be renewed more than twice.4

1 Circular Instructions to American Diplomatic and Consular Officers, April 19, 1907, pursuant to an executive order of April 6, 1907, For. Rel. 1907, I, 13-15.

The same instructions provide that emergency passports "may be issued for use with the local authorities only in case such authorities will not accept as evidence of a right to recognition as an American citizen the certificate of registration provided for in paragraph 172 of the Consular Regulations, as prescribed in the executive order of April 8, 1907." Concerning the Registration of American citizens, see Instructions to American Diplomatic and Consular Officers, April 19, 1907, For. Rel. 1907, I, 6.

See, also, concerning emergency passports, Mr. Bacon, Acting Secy. of State, to Mr. Egan, Minister to Denmark, July 8, 1908, For. Rel. 1908, 255.

It may be observed that § 4075, Rev. Stat. provides that "when a legation of the United States is established in any country, no person other than the diplomatic representative of the United States at such place shall be permitted to grant or issue any passport, except in the absence therefrom of such representative."

2 Telegram of Mr. Bryan, Secy. of State, to the American Embassies and Legations in Europe, Aug. 1, 1914, American White Book, European War, II, 155.

Shortly after the outbreak of The World War in 1914, it was in many cases difficult for American citizens to go to embassies or legations in order to obtain emergency passports. For that reason consular officers were given authority to issue them. That authority was subsequently withdrawn. Consuls, Miscellaneous Duties, infra, § 488.

3 Circular Instructions to American Diplomatic and Consular Officers, Dec. 21, 1914, American White Book, European War, II, 156; also telegram of Mr. Lansing, Acting Secy. of State, to the American Embassies and Legations in Europe, Sept. 12, 1914, id., II, 155.

4 Circular Instructions to American Diplomatic and Consular Officers, Feb. 8, 1915, American White Book, European War, II, 158.

“When a holder of a passport finds it necessary, after leaving the United States, to visit a country or countries not named in the passport, he may have it amended by a diplomatic or consular officer of the United States." Notice

TO WHOM ISSUED

2

[$ 400

$400. To Whom Issued.

Passports are furnished for the use of native citizens, naturalized citizens, persons claiming citizenship through the naturalization of parent or husband, as well as persons residing in the insular possessions of the United States and owing allegiance to it.1

Section 4076, Revised Statutes, as amended by the Act of Congress of July 14, 1902, forbade the issuance of passports to persons other than those owing allegiance, whether citizens or not, to the United States.2 The Act of March 2, 1907, effected a slight change, in clothing the Secretary of State with discretionary power to issue passports under special circumstances to persons not citizens of the United States, who had made a declaration of intention to become such, and had resided within the United States three years. The occasions for the issuance of passports under this Act, which was repealed June 4, 1920, have been observed.1 American passports may be issued to women; also to minor children.6

of Department of State, May 20, 1915, id., II, 164; Consuls, Miscellaneous Duties, infra, § 488.

1 Concerning the conditions precedent to the granting of passports to persons within the foregoing classes, see Rules of Jan. 12, 1915, American White Book, European War, II, 160; also Circular Instructions to American Diplomatic and Consular Officers, Dec. 21, 1914, id., II, 156; Rules Governing the Granting and Issuing of Passports in the United States, Jan. 24, 1917. See, also, Double Allegiance, supra, §§ 372-375; Effect of Parents' Naturalization on Infants, supra, § 367; Residence of a Naturalized American Citizen in a Foreign Country, supra, § 384; Loss of Right to National Protection, supra, §§ 388-393.

232 Stat. 386. Rules Governing the Granting and Issuing of Passports in the United States, Jan. 24, 1917.

3

§ 1, 34 Stat. 1228.

Concerning the granting of passports under this section, see The Act of March 2, 1907, supra, § 397; also Rules Governing the Granting and Issuing of Passports to Those who have Declared Their Intention to Become Citizens of the United States, June 1, 1915, American White Book, European War, II, 164.

5 "While a wife may, as is shown in the previous section, be, for convenience, included in her husband's passport, a woman, whether unmarried or married, or a widow, may, if a citizen of the United States, obtain a passport on her own account." Moore, Dig., III, 882.

See, also, § 8, Rules of Jan. 12, 1915 American White Book, European War, II, 161. According to § 12, it is declared "When the applicant is accompanied by his wife, minor children, and maid-servant who is a citizen of the United States, it will be sufficient to state the fact, giving their names in full, the dates, and places of their births, and the allegiance of the servant, when one passport will suffice for all. For a man-servant or any other person in the party a separate passport will be required. A woman's passport may include her minor children and maid-servant under the above named conditions. (The term 'maid-servant' does not include governess, tutor, pupil, companion, or person holding like relation to the applicant for a passport.)" Also § 9 of Rules of Jan. 24, 1917.

6 Mr. White, American Ambassador to Italy, to the Secretary of State,

3

401. Grounds of Refusal.

The issuance of passports is a discretionary act on the part of the Secretary of State, and he may, for reasons deemed by him to be sufficient, direct the refusal of a passport to an American citizen; but a passport is not to be refused to an American citizen, even if his character is doubtful, unless there is reason to believe he will put the passport to an unlawful use.1 A passport has been refused where the evidence showed that the applicant was engaged in "blackmailing projects, and was disturbing, or endeavoring to disturb, the relations of this Country with the representatives of foreign countries." 2

In the course of The World War the Secretary of State exercised more extensively than before his discretionary authority to refuse passports. During the earlier part of the conflict, the obtaining of, and the attempting to obtain, American passports for purposes of espionage and participation in belligerent activities rendered imperative the taking of great precautions in the issuance of such documents. Among those taken was the establishment of a rule not to issue passports for use in the belligerent countries except in cases of reasonable necessity. When the United States itself became a belligerent, more stringent rules were made and passports not issued for use in any country except in cases of such necessity.3

A passport is necessarily refused when the applicant is deemed to have expatriated himself. Again, a passport is withheld from a native or naturalized citizen who, on account of his domicile abroad, or for any other reason, is deemed to have lost his right to protection by the United States.4

April 11, 1906, For. Rel. 1906, II, 912; also important statement in Moore, Dig., III, 883. See Grounds of Refusal, infra, § 401; Double Allegiance, supra, §§ 372-375.

1 The language of the text is that of Mr. Wilson, Acting Secy. of State, to Mr. Beaupré, Minister to the Argentine Republic, No. 120, April 27, 1907, For. Rel. 1907, II, 1082.

2 Id.

Also same to Mr. Giddings, Consul-General at Cairo, Jan. 31, 1907, id., II, 1081; Memorandum of the Solicitor of the Dept. of State, respecting the same case, Jan. 2, 1907, id., II, 1079. See, also, instructive note of Mr. Adee, Acting Secy. of State, to Mr. Conger, Minister to China, Aug. 24, 1899, For. Rel. 1899, 186-187, Moore, Dig., III, 922-923; Opinion of Mr. Knox, Atty.-Gen., 23 Ops. Attys.-Gen., 509, Moore, Dig., III, 921.

3 For the paragraph in the text the author acknowledges his indebtedness to Mr. R. W. Flournoy, Jr.

4 Loss of Right to National Protection, supra, §§ 388-393. Concerning the Cancellation of Passports procured by false representations or under circumstances when the retention of American citizenship at the time of issuance was doubtful, see documents in Moore, Dig., III, 983-984.