867N.55/110
The Consul General at Jerusalem (Wadsworth) to the Secretary of State
[Received December 28.]
Sir: I have the honor to refer to my despatch No. 344 of November 10, 1937, discussing the political implications of proposed changes in the Palestine Immigration Ordinance and reviewing local reaction thereto.
[Page 919]There is attached a copy of this amendment ordinance as finally enacted on November 11, 1937.53
Two changes of importance were made in the original draft ordinance. First, Section 5A was amended to eliminate the provision giving the High Commissioner authority to determine what proportion of foreigners admitted may be of the Jewish race and to omit the proviso giving the Director of Migration authority to decide whether or not a person is of the Jewish race. This change is of little practical importance, since Section 5A still vests in the High Commissioner the right to fix the number of foreigners to be admitted and to regulate the numbers within the various categories. It is, however, of political significance, marking a concession to Jewish opinion, which had bitterly decried the use of the term “persons of the Jewish race” as introducing race discrimination into Palestine legislation for the first time.
The second change is the insertion in Section 5A of a proviso that the section will “expire on March 31, 1938, or at such later date as the High Commissioner in Council with the approval of the Secretary of State by notice in the Gazette may appoint”. This is a partial concession to the Jewish Agency, which had petitioned the Government to amend Section 5A to provide for its definite termination on March 31, 1938, since, as explained in my previous despatch on the subject, that agency fears the permanent abandonment of the absorptive capacity principle in favor of the new political high level policy.
On two points the final ordinance failed to accede to pressure from the Jewish press and the Jewish Agency. First, the definition of “dependent” was not altered to include aged parents of immigrants or permanent residents. Second, the term “foreigners” as applied to prospective Jewish immigrants was not stricken from Section 5A.
By virtue of the powers vested in the High Commissioner by the new Section 5A, regulations were immediately put into effect carrying out the newly-adopted policy of restriction of immigration. This order, adopted on November 9, 1937,54 provides as follows:
(1) The maximum aggregate number of foreigners to be admitted to Palestine as immigrants during the period between the 1st August, 1937, and the 31st March, 1938, shall be 9,600.
(2) The categories of immigrants to be admitted under this Order, and the maximum number of persons to be so admitted shall be as follows:— [Page 920]
| Category as defined in Rule 4 (1) of the Immigration Rules | Maximum number of immigrants |
|
| A (4) | persons with secured income of not less than £P.4 per month, exclusive of earned income | 50 |
| B (1) | orphans less than 16 years old whose maintenance in or by a public institution in Palestine is assured until they become self supporting | 10 |
| B(2) | persons of religious occupation whose maintenance is assured | 250 |
| B(3) | students whose admission into an educational institution in Palestine and whose maintenance are assured until such time as they are able to support themselves | 1440 |
| C | persons who have definite prospects of employment in Palestine | 2380 |
| D | dependents of permanent residents, of immigrants who belong to the capitalistic category, of persons in the religious category, and of persons who have definite prospects of employment | 4570 |
| Total of all Categories | 9600 |
It is supposed that the Government will adhere to its policy expressed by the British Government in Official Communiqué No. 11/37 dated July 7, 1937, which proposed that Jewish immigration into Palestine be limited to a total of 8,000 for the eight month period from August 1, 1937, to March 31, 1938. It would appear, therefore, that the maximum quota for this period will be 8,000 Jews and 1,600 non-Jews.
The Palestine Government approved on November 9, 1937, a Labor Immigration Schedule of 1780 certificates for the six month period from October 1, 1937, to March 31, 1938, of which 1500 will be delivered to the Jewish Agency for distribution and 280 retained by the Department of Migration. It is understood that these 1780 certificates for the six month period are included in the 2380 approved for immigration under Category C for the eight month period and are not in addition to the total of 9600.
The Government announced in Official Communiqué No. 19/37 of November 10, 1937, that with the approval of this labor schedule the Jewish quota has been filled and no new applications for immigration will be accepted until January 1938. The Department of Migration will decide whether applications already received but not acted upon can be approved within the maximum quota or must be held over until after April 1, 1938.
Respectfully yours,