150.01 Commuters/16

The Assistant Secretary of Labor (White) to the Assistant Secretary of State (Carr)

My Dear Mr. Carr: Enclosed find copy of General Order No. 86, outlining land border crossing procedure, which may be of interest to your Department, particularly, as it may greatly increase the applications for non-quota visas at some of your consulates. I am informed this phase of the question was discussed with you several weeks ago by Mr. Husband.23

Sincerely yours,

Robe Carl White
[Enclosure]

General Order No. 86 of the Department of Labor

Subject: Land border crossing procedure.

1. Hereafter aliens residing in foreign contiguous countries and entering the United States to engage in existing employment or to seek employment in this country will not be considered as visiting the United States temporarily as tourists, or temporarily for business or pleasure, under any provisions of the Immigration Law which exempt visitors from complying with certain requirements thereof; that is, they will be considered as aliens of the “immigrant” class.

2. However, the following aliens of the said “immigrant” class residing in foreign contiguous countries and who are now enjoying the border crossing privilege may continue so to enjoy it upon the payment of head tax, provided such head tax was assessible on aliens entering permanently at the time of original admission and, provided further, that they are not coming to seek employment.

A.
Aliens whose original admission occurred prior to June 3, 1921.
B.
Natives of nonquota countries whose original admission occurred prior to July 1, 1924.
C.
Natives of quota countries whose original admission occurred subsequent to June 2, 1921, and prior to May 11, 1922, who at the time of such admission had resided in the Dominion of Canada, Newfoundland, the Republic of Cuba, the Republic of Mexico, or countries of Central or South America, or adjacent islands, for a period of one year.
D.
Natives of quota countries whose original admission occurred subsequent to May 10, 1922, and prior to July 1, 1924, who at the time of such admission had resided in the Dominion of Canada, Newfoundland, the Republic of Cuba, the Republic of Mexico, or countries of Central or South America, or adjacent islands, for a period of five years.

3. Aliens of all nationalities of the “immigrant” class whose original admission occurred subsequent to June 30, 1924, will be required to meet all provisions of the Immigration Laws applying to aliens of the “immigrant” class. Aliens of this class already enjoying the border crossing privilege, however, will be granted a reasonable time, not to exceed six months from June 1, 1927, within which to obtain immigration visas and otherwise comply with the laws.

4. Aliens who have already complied with the requirements of the Immigration Laws and this General Order may be permitted to continue to enjoy the border crossing privilege.

5. Aliens who have complied with the requirements of this General Order governing permanent admission will be considered as having entered for permanent residence.

6. The use and issuance of identification cards to all classes of aliens entitled to same will continue as heretofore.

7. Identification cards held by or issued to aliens of the “immigrant” class shall be rubber-stamped as follows:

Immigrant

Dated this . . . . . . day of . . . . . . . ., 192 . ., at . . . . . . .

. . . . . . .
Immigrant Inspector.

8. Identification cards held by or issued to aliens of the “nonimmigrant” class shall be rubber-stamped as follows:

Nonimmigrant

Dated this . . . . . . . day of . . . . . . . ., 192 . ., at . . . . . . .

. . . . . . .
Immigrant Inspector.

9. To insure uniformity stamps furnished by the bureau, only, shall be used and blank spaces, including that for signature, shall be filled in by the use of indelible pencil.

[Page 496]

10. All identification cards heretofore issued, held by aliens who can not, or do not, meet the requirements of law, regulations and this order, will be taken up and canceled upon an incoming trip of the holder and appropriate action taken.

11. The work of validating outstanding cards should proceed slowly, systematically, steadily and persistently, and in such a manner as to avoid confusion, congestion, interference with proper routine administration and the giving of just grounds for complaint upon the part of the traveling public.

12. The status of holders of identification cards shall be inquired into periodically, preferably every six months from date stamped, where practicable, but in any event not less frequently than once a year. When inquiry has been so made, it will be evidenced by a notation to show date of such inquiry and initials of the officer upon the reverse of the card. When the holder of a “nonimmigrant” identification card qualifies as an “immigrant,” a new identification card shall be issued, stamped to show the correct status.

George J. Harris

Acting Commissioner General

Approved:
Robe Carl White
Assistant Secretary

  1. Second Assistant Secretary of Labor.