Foreign Relations of the United States: Diplomatic Papers, 1945, The American Republics, Volume IX

711.62115 AR/11–645

Department of State Policy Concerning the Repatriation of German Enemy Aliens

undated

Statement of Policy³⁹

Resolution VII of the Final Act of the Inter-American Conference on Problems of War and Peace (February–March 1945) included a recommendation that measures be taken “to prevent any person whose deportation was deemed necessary for reasons of security of the Continent from further residing in this Hemisphere, if such residence would be prejudicial to the future security or welfare of the Americas.” On September 8, 1945 the President of the United States prescribed and proclaimed the following “regulations affecting the restraint and removal of alien enemies”:

All alien enemies now within the continental limits of the United States (1) who were sent here from other American republics for restraint and repatriation pursuant to international commitments of the United States Government and for the security of the United States and its associated powers and (2) who are within the territory of the United States without admission under the immigration laws are, if their continued residence in the Western Hemisphere is deemed by the Secretary of State prejudicial to the future security or welfare of the Americas as prescribed in Resolution VII of the Inter-American Conference on Problems of War and Peace, subject upon the order of the Secretary of State to removal to destinations outside the limits of the Western Hemisphere in territory of the enemy governments to which or to the principles of which they have adhered. The Department of Justice and all other appropriate agencies of the United States Government are directed to render assistance to the Secretary of State in the prompt effectuation of such orders of removal.

It is the policy of the Department of State in general to order removals as authorized by the President. The following paragraphs set forth the standards which will be applied, in the cases involving German nationals, in determining whether continued residence in the Western Hemisphere would be “prejudicial to the future security or welfare of the Americas.”

1. For the sake of convenience, the German nationals whose continued residence may be found prejudicial will be divided into two classes, Class A and Class B.

2. Class A is to include any German national who, in the Western Hemisphere or elsewhere, has at any time

(a) engaged in espionage or sabotage on behalf of Nazi Germany or any of its allies or satellites, or has in any way deliberately furthered such activity, or

(b) taken a leading part in the training, organization or activities of (1) the Nazi Party or any of its affiliates, (2) any military, political, or economic group acting in the interest of Nazi Germany or any of its allies or satellites, or (3) any organization or group engaged in the systematic dissemination of propaganda designed or tending to further the military, political, or economic objectives of Nazi Germany or any of its allies or satellites or to promote sympathy with one of those states or with Nazi political ideology in general, or

(c) expressed or otherwise evidenced the intention to engage in activities such as those described in (a) and (b) above.

The continued residence in the Western Hemisphere of any person in Class A shall be deemed prejudicial to the future security and welfare of the Americas.

3. 3. Class B is to include any German national who, in the Western Hemisphere or elsewhere, has at any time

(a) been a member of or actively associated with any of the organizations mentioned in paragraph 2(b), or

(b) disseminated or helped to disseminate propaganda designed or tending to further the military, political, or economic objectives of Nazi Germany or any of its allies or satellites or to promote sympathy with one of those states or with Nazi political ideology in general, or

(c) expressed or otherwise evidenced the intention to engage in activities such as those described in (a) and (b) above.

The continued residence in the Western Hemisphere of any person in Class B shall be deemed prejudicial to the future security and welfare of the Americas, unless:

(1) in engaging in such activities as those described above the person acted against his will and because he was subjected to severe pressure, or

(2) prior to December 7, 1941 the person definitely dissociated himself from any activities such as those described in (a) or (b) above and became openly and sincerely hostile to the Nazi regime in Germany, or

(3) there are positive circumstances present which make it unlikely that the person if allowed to remain in this Hemisphere would again engage in any activities such as those described in (a) or (b) above, or

(4) the person has at any time since December 7, 1941 served honorably in the Armed Forces of the United States or any of its allies, or

(5) the person had before arriving in the United States, and still has, a wife or child who is a citizen of an American republic, or

(6) the person is in such a precarious state of health that repatriation to Germany would constitute a real danger to his life, or other circumstances are present which would make repatriation an undue hardship.

39. This statement was drafted by Mr. Jonathan B. Bingham, Director of the Alien Enemy Control Section, on November 6 and approved by Secretary Byrnes on or about November 19, 1945, on the strong recommendations of Mr. Dreier and Mr. Braden (711.62115 AR/11–645).