Executive Order 7865—Documents Required of Aliens Entering the United States

By virtue of and pursuant to the authority vested in me by the act of May 22, 1918, 40 Stat. 559, as extended by the act of March 2, 1921, 41 Stat. 1205, 1217, I hereby prescribe the following regulations pertaining to documents required of aliens entering the United States (which regulations shall be applicable to Chinese and to Philippine citizens who are not citizens of the United States except as may be otherwise provided by special laws and regulations governing the entry of such persons): Part I 1. Non-immigrants must present unexpired passports, or official documents in the nature of passports, issued by the governments of the countries to which they owe allegiance, or other travel documents showing their origin and identity, prescribed in regulations issued by the Secretary of State, and valid passport visas, or, in lieu of passport visas, if passing in transit through the United States to a foreign destination, transit certificates granted by authorized officers of the United States, except in the following cases: (a) A non-immigrant alien who is a passenger on a vessel entering a port of the United States, landing temporarily while the vessel is in port. (b) A non-immigrant alien coming within a category and domiciled in a country, island, or territory of the Western Hemisphere, specified in regulations issued by the Secretary of State, passing in transit through the United States or entering the United States temporarily. (c) A non-immigrant alien lawfully admitted into the United States who later goes in transit from one part of the United States to another through foreign contiguous territory. (d) A non-immigrant alien child born subsequent to the issuance of the passport visa or transit certificate of an accompanying parent, the visa or transit certificate not having expired. (e) An alien who has previously been legally admitted into the United States with a diplomatic visa or with a passport visa as a non-immigrant as defined by section 3(1) or section 3(6) of the Immigration Act of 1924 (43 Stat. 153, 154), and who has departed temporarily therefrom and returned within six months, not having proceeded to any place outside the countries, islands, and territories of the Western Hemisphere specified in regulations issued by the Secretary of State, and not having relinquished the status in which he was originally admitted. 2. The Secretary of State is authorized in his discretion to waive the passport and visa requirements in cases of emergency for non-immigrant aliens and in other cases under such conditions as may by regulations be prescribed by him, except that the Governor of the Virgin Islands is authorized in his discretion to waive the requirements in cases of emergency for non-immigrant aliens applying for admission at a port of entry of the Virgin Islands. 3. No passport visa or transit certificate shall be granted to an alien whose entry would be contrary to the public safety. Part II 1. Immigrants must present unexpired passports, or official documents in the nature of passports, issued by the governments of the countries to which they owe allegiance, or other travel documents showing their origin and identity, prescribed in regulations issued by the Secretary of State, and valid immigration visas granted by the consular officers of the United States in accordance with the requirements of the Immigration Act of 1924 and the regulations issued thereunder, except in the following cases: (a) An alien immigrant child born subsequent to the issuance of the immigration visa of an accompanying parent, the visa not having expired. (b) An alien immigrant child born during the temporary visit abroad of an alien mother who has previously been legally admitted into the United States for permanent residence, under such regulations as may be prescribed. (c) An alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed temporarily therefrom and returned within six months, not having proceeded to any place outside the countries, islands, and territories of the Western Hemisphere specified in regulations issued by the Secretary of State. (d) An alien immigrant who has previously been legally admitted into the United States for permanent residence, re-entering from a journey beginning in an American port, without trans-shipment from the original vessel to another vessel. (e) An alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed therefrom and has returned from a temporary visit abroad, and who presents an unexpired permit to re-enter, issued pursuant to section 10 of the Immigration Act of 1924. 2. An alien who has previously been legally admitted into the United States as a non-quota immigrant student, has departed temporarily therefrom and returned within six months, not having proceeded to any place outside the countries, islands, and territories of the Western Hemisphere specified in regulations issued by the Secretary of State, and not having relinquished his student status, may re-enter without an immigration visa. 3. An immigrant Spanish national who on April 11, 1899 (whether adult or minor), was a bona fide resident of Puerto Rico or adjacent islands which comprised the Province of Puerto Rico, and who, in conformity with Article IX of the treaty between the United States and Spain of April 11, 1899, has preserved his allegiance to Spain, may present a passport visa, in lieu of an immigration visa, for entry into Puerto Rico. Such aliens may be admitted into Puerto Rico without regard to the provisions of the Immigration Act of 1924, except section 23. (Act of May 26, 1926, ch. 400, 44 Stat. 657.) 4. In such classes of cases and under such conditions as may by regulations be prescribed, the immigration visa requirements may be waived, under section 13(b) of the Immigration Act of 1924, and the passport requirements may also be waived, for an alien immigrant who has previously been legally admitted into the United States for permanent residence, has departed therefrom, and is returning from a temporary visit abroad. 5. In such classes of cases and under such conditions as may by regulations be prescribed by the Secretary of State, the passport requirements may be waived for any immigrant. Part III The Executive Secretary of the Panama Canal is hereby authorized to issue passport visas, transit certificates, and immigration visas to aliens coming to the United States from the Canal Zone. The Governor of American Samoa is hereby authorized to issue passport visas, transit certificates and immigration visas to aliens coming to the United States from American Samoa. The Governor of Guam is hereby authorized to issue passport visas, transit certificates, and Immigration visas to aliens coming to the United States from Guam. Part IV The documentary requirements for aliens applying for admission into American possessions outside the United States, except the Philippine Islands, are to be prescribed by the competent authorities in such possessions. Part V The definitions contained in section 28 of the Immigration Act of 1924 shall be regarded as applicable to this order, except as otherwise specified herein. Part VI The Secretary of State and the Secretary of Labor are hereby authorized to make such additional rules and regulations, not inconsistent with this order, as may be deemed necessary for carrying out the provisions of this order and the statutes mentioned herein. Part VII This order shall take effect immediately and shall supersede the provisions of Executive Order No. 6986 of March 9, 1935, entitled "Documents Required of Aliens Entering the United States," but shall not supersede Executive Order No. 4049 of July 14, 1924, entitled "Documents Required of Aliens Entering the United States on Airships," or Executive Order No. 7797 of January 26, 1938, entitled "Documents Required of Bona Fide Alien Seamen Entering the United States." FRANKLIN D. ROOSEVELT The White House, April 12, 1938.