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, and by section 1752 of the Revised Statutes of the United States, and in connection with the Alien Registration Act, 1940, approved June 28, 1940 (54, Stat. 670), 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. Nonimmigrants 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, as prescribed in regulations issued by the Secretary of State, and valid passport or other nonimmigrant visas. 2. A nonimmigrant alien who is passing in transit through the United States may present a transit certificate granted by an authorized officer of the United States. 3. A nonimmigrant alien who enters the United States for a period not exceeding ten days, landing temporarily while the vessel on which he is a passenger is in port, or crossing the border, entering and departing via the same port of entry, may present a limited entry certificate granted by an authorized officer of the United States. 4. A nonimmigrant alien who is a citizen of Canada, Newfoundland, or Mexico, or who is a British subject domiciled in Canada or Newfoundland, may present a nonresident alien's border-crossing identification card issued by an authorized officer of the United States, if he is entering the United States for a period of less than thirty days. 5. The Secretary of State is authorized to define cases of emergency in which the passport and visa requirements may be waived for a nonimmigrant alien. 6. No passport visa, transit certificate, limited entry certificate, or nonresident alien's border-crossing identification card shall be granted to an alien whose entry would be contrary to the public safety nor to an alien who is unable to establish a legitimate purpose or reasonable need for the proposed entry. 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. 2. 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, may present, in lieu of an immigration visa, an unexpired permit to reenter, issued pursuant to section 10 of the Immigration Act of 1924. The bearer of such a permit to reenter is not required to present a passport. 3. An alien immigrant who has previously been legally admitted into the United States for permanent residence and who has frequent occasion to cross the land borders of the United States may present, in lieu of an immigration visa or a permit to reenter, a resident' alien's border-crossing identification card. The bearer of such a border-crossing identification card is not required to present a passport. 4. 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 accordance 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). 5. The Secretary of State is authorized to define cases of emergency in which the passport and immigration visa requirements may be waived for an immigrant alien. PART III The Executive Secretary of the Panama Canal is hereby authorized to issue passport visas, transit certificates, limited entry 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, limited entry 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, limited entry 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 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 Attorney General 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 and cancel the provisions of Executive Order No. 8430 of June 5, 1940 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. 8429 of June 5, 1940 entitled "Documents Required of Bona Fide Alien Seamen Entering the United States." FRANKLIN D ROOSEVELT The White House, June 3, 1941.
Executive Order 8766—Documents Required of Aliens Entering the United States
Executive Brief • At a Glance
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.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on June 3, 1941, this order concerns Documents Required of Aliens Entering the United States. 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.
Key Directives & Operative Actions
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.
Nonimmigrants 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, as prescribed in regulations issued by the Secretary of State, and valid passport or other nonimmigrant visas. 2.
A nonimmigrant alien who is passing in transit through the United States may present a transit certificate granted by an authorized officer of the United States. 3.
A nonimmigrant alien who enters the United States for a period not exceeding ten days, landing temporarily while the vessel on which he is a passenger is in port, or crossing the border, entering and departing via the same port of entry, may present a limited entry certificate granted by an authorized officer of the United States. 4.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 8766 (June 3, 1941), https://executiveordersarchive.org/orders/app-executive-order-8766-documents-required-aliens-entering-the-united-states.