SWNCC 46 Series: Telegram

The Commanding General, United States Forces, European Theater (McNarney),66 to the War Department

secret
priority

S–2114 for action to AGWar and info to CG 3rd Army OMGUS and Western Base Section sgd McNarney cite DTGAP.

Your WX 89544, 20 Dec 4567 in certain instances requires forcible repatriation of “persons who were both citizens of and actually within the Soviet Union on 1 Sept 1939”. Repatriation boards, having had recourse only to American Law and procedures in absence of any other, decided against repatriation of several hundred cases on basis the individuals were not citizens, having been denied one or more of such right of citizenship as the right to vote, to bear arms, etc., or having been members of persecuted groups, etc.

Urgently request legal opinion as to whether such loss or deprivation of any single right of citizenship as encountered herein or otherwise, is considered depriviation of citizenship, thus rendering the individual non-repatriable by force.

Request expedited reply as it is desirable to discharge at earliest opportunity those finally determined to be non-repatriable.

  1. Gen. Joseph McNarney was also U.S. Military Governor in Germany.
  2. Not printed; this telegram transmitted the text of the directive cited in footnote 60, p. 152.