By virtue of and pursuant to the authority contained in the act of May 22, 1918 (40 Stat. 559) as extended by the act of March 2, 1921 (41 Stat. 1217; 22 U.S.C. 227) and as amended by the act approved June 21, 1941 (55 Stat. 252), the Immigration Act of February 5, 1917 (39 Stat. 874), the Immigration Act of 1924 (43 Stat. 153), as amended, and the Alien Registration Act, 1940 (54 Stat. 670), I hereby prescribe the following regulations governing the entry of alien seamen into the United States: PART I Requirement of Crew-List Visas and Seamen Documentation Masters of maritime vessels (except government vessels and such other vessels as the Secretary of State, in his discretion, may indicate) of all nationalities sailing for a port of the United States must submit for visa a list of all the alien members of the vessel's crew to the American consular officer at the port from which the vessel commences its voyage. If there is no consular officer stationed at that port, but if there is one stationed at a nearby place to whom the list may be submitted by mail for visa without delaying the vessel's departure, the list must be so submitted for visa. If there is no American consular officer stationed nearby, the list must be submitted for visa at the first port of call where an American consular officer is stationed, but if the vessel does not call at any such port, no visa of the crew list will be required. The visa of a shipping commissioner in the Canal Zone shall be equivalent to the visa of an American consular officer, but a consular agent is not authorized to visa crew lists. The visaed crew list must be delivered to the immigration authorities or, where there is no representative of the Immigration and Naturalization Service of the Department of Justice, to the appropriate officer of the boarding party at the vessel's first port of call in the United States. Alien seamen whose names are not on a visaed crew list when a visaed crew list is required of the vessel on which they arrive at a port of the United States shall not be allowed to land without the permission of the Secretary of State, except that for such seamen arriving at a port in the Virgin Islands the Governor thereof is authorized to grant temporary landing privileges and for such seamen arriving at a port in the Canal Zone the Governor of the Panama Canal is authorized to grant temporary landing privileges. An alien seaman who is not exempt from the passport and visa requirements under Part II hereof shall be required to present an identifying travel document in the nature of a passport, showing his nationality and identity and bearing his photograph, before he may be granted shore leave for any purpose, unless the possession of such an identifying travel document is waived by the Secretary of State, except that for such a seaman arriving at a port in the Virgin Islands the Governor thereof may grant such waiver and for such a seaman arriving at a port of the Canal Zone the Governor of the Panama Canal may grant such waiver. The disposition of such documents after presentation shall be subject to regulations. PART II Seamen Entering Other Than as Crew Members Alien seamen whose occupational status as such is found to be bona fide. entering the United States as passengers or workaways solely in pursuit of their calling as seamen, shall be exempt from the crew-Ust visa or other non-immigrant visa requirements for such period and under such conditions as the Secretary of State, in his discretion, may prescribe if they arrive in the United States under the following circumstances: (a) Shipwrecked or castaway seamen rescued by, or transferred at sea to, a vessel bound for an American port; (b) Seamen who are American consular passengers or who are repatriated without expense to the Government of the United States following, and in accordance with the terms of, their discharge in a foreign port before an American consular officer; (c) Seamen who were members of the crew of an American vessel which has been sold or delivered abroad when the contract of their employment provides for the return of the crew or when the laws of the United States provide for their return to an American port. PART III Returning Immigrant Seamen Alien seamen who, previously, have been lawfully admitted into the United States for permanent residence, who are returning to an unrelinquished domicile in the United States and who are not inadmissible into the United States under the immigration laws, may be permitted to land as returning residents without reentry permits or non-quota immigration visas issued under section 4 (b) of the Immigration Act of 1924, notwithstanding the fact that they may be included in crew-list visas. PART IV Provision for Additional Rules and Regulations The Secretary of State and the Attorney General are hereby authorized to make such additional rules and regulations, not inconsistent with this order, as they may deem necessary for carrying out the provisions of this order and the statutes mentioned herein, within their respective jurisdictions. PART V Effective Date of Order This order shall take effect immediately and shall supersede and cancel Executive Order 8429 of June 5, 1940 entitled "Documents Required of Bona Fide Alien Seamen Entering the United States", with the exception that a period of sixty days from the effective date of this order shall be allowed alien seamen in which they must have their photographs affixed to their documents or cards of identity and nationality required under this order. As used in this order, the term "United States" includes all territory and waters, continental or insular, subject to the jurisdiction of the United States. FRANKLIN D ROOSEVELT The White House, June 15, 1943.
Executive Order 9352—Entry of Alien Seamen Into the United States
Executive Brief • At a Glance
I hereby prescribe the following regulations governing the entry of alien seamen into the United States: PART I Requirement of Crew-List Visas and Seamen Documentation Masters of maritime vessels (except government vessels and such other vessels as the Secretary of State, in his discretion, may indicate) of all nationalities sailing for a port of the United States must submit for visa a list of all the alien members of the vessel's crew to the American consular officer at the port from which the vessel commences its voyage.
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 15, 1943, this order concerns Entry of Alien Seamen Into the United States. I hereby prescribe the following regulations governing the entry of alien seamen into the United States: PART I Requirement of Crew-List Visas and Seamen Documentation Masters of maritime vessels (except government vessels and such other vessels as the Secretary of State, in his discretion, may indicate) of all nationalities sailing for a port of the United States must submit for visa a list of all the alien…
Key Directives & Operative Actions
I hereby prescribe the following regulations governing the entry of alien seamen into the United States: PART I Requirement of Crew-List Visas and Seamen Documentation Masters of maritime vessels (except government vessels and such other vessels as the Secretary of State, in his discretion, may indicate) of all nationalities sailing for a port of the United States must submit for visa a list of all the alien members of the vessel's crew to the American consular officer at the port from which the vessel commences its voyage.
The visa of a shipping commissioner in the Canal Zone shall be equivalent to the visa of an American consular officer, but a consular agent is not authorized to visa crew lists.
Alien seamen whose names are not on a visaed crew list when a visaed crew list is required of the vessel on which they arrive at a port of the United States shall not be allowed to land without the permission of the Secretary of State, except that for such seamen arriving at a port in the Virgin Islands the Governor thereof is authorized to grant temporary landing privileges and for such seamen arriving at a port in the Canal Zone the Governor of the Panama Canal is authorized to grant temporary landing privileges.
An alien seaman who is not exempt from the passport and visa requirements under Part II hereof shall be required to present an identifying travel document in the nature of a passport, showing his nationality and identity and bearing his photograph, before he may be granted shore leave for any purpose, unless the possession of such an identifying travel document is waived by the Secretary of State, except that for such a seaman arriving at a port in the Virgin Islands the Governor thereof may grant such waiver and for such a seaman arriving at a port of the Canal Zone the Governor of the Panama Canal may grant such waiver.
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
Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
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. 9352 (June 15, 1943), https://executiveordersarchive.org/orders/app-executive-order-9352-entry-alien-seamen-into-the-united-states.