to the Army to provide for the transportation of displaced persons by sea. The letter contains the following further information:

The original arrangement under which Army ships operated in I. R. O. service was concluded between this office and the War Department in the early part of 1947 with the support of the then Secretary of State (General Marshall) and the Secretary of War (Judge Patterson). Subsequently, in February 1949, this understanding was supported and reaffirmed by Presidential Directives to the Secretary for the Army and the Commissioner of the United States Maritime Commission wherein the latter was directed to transfer, on a loan basis, to the Army such surplus vessels as might be required by the Army to meet the requirements of I. R. O. for sea transport in United States flag ships.

The master and all regular members of the crew of the General Bundy were employees of the Army and had full responsibility for the technical operation of the ship. Movements of these vessels in I. R. O. service were in accordance with instructions issued by I. R. O. to the Army governing their ports of call in Europe and the ports of destination wherever they might be at various locations in the world, as well as indicating the passengers to be carried. Control of the displaced persons passengers on these vessels was effected by the master, as required, through the medium of an escort officer placed on the vessel by I. R. O. who served as a member of the master's staff aboard the vessel.

The Service expressed the view that an alien brought to foreign contiguous territory on an Army transport under the auspices of the I. R. O. is not subject to exclusion on the above stated sections of law and that its reasons for such view is set forth in detail in the opinion of general counsel of the Service in the Matter of F, VP-422709, dated May 11, 1950, approved by the Commissioner May 22, 1950. Because the position of the Department of State on the problem is contrary to that of the Service (and the Board of Immigration Appeals) the Service has certified the matter for consideration. (Matter of P——, Interim Decision #57).

The Board in the Matter of P-, A-6996994, March 7, 1949, conIcluded as follows:

We find that his case falls within the language and phraseology in the Matter of B, so as to justify determination that provisions of sections 17 and 23 (supra), do not require a holding of inadmissibility thereunder. The International Refugee Organization, to whom the vessel in question was chartered for the purpose of bringing displaced persons to the North American continent, with the approval of the Department of State, is an international governmental

‘P———, a native and citizen of Poland, landed at Halifax, Nova Scotia, on June 15, 1948, one of a group of 650 tailors brought to Canada as a displaced person by the I. R. O. He proceeded to Toronto and was examined by a Board of Special Inquiry to determine his admissibility to the United States for permanent residence. The vessel upon which he arrived in Halifax, the S. S. General William Black was a United States Army transport which was under charter to the I. R. O., its mission being to bring displaced persons to the North American continent, arrangements having been approved by the Department of State. P— originally intended to remain in Canada but married a United States citizen and as she refused to reside in Canada, P- sought entry to the United States in possession of required documents.

agency. The transportation of appellant to contiguous territory was not by means of a commercial transportation company or by vessel having a commercial character.

B

The B― case, which seems to have brought some confusion in the problem generally, was decided by the Board on January 21, 1941. B——, a native of Germany, stateless, and of the Hebrew race, applied for admission to the United States at Montreal, Canada, on October 29, 1940, for permanent residence. He was excluded under section 17, Immigration Act of 1924, and section 23, Immigration Act of 1917. He was in possession of a German quota visa issued to him in Montreal, Canada. He was residing in England attending the University of Cambridge until May 12, 1940, when he was taken into custody by English authorities as an alien enemy and was interned. Along with many others he was transferred to Canada for interment, arriving there on July 13, 1940. He was brought to Canada aboard the S. S. Ettrick of the Peninsula and Oriental Line. It was argued that the immigration statutes mentioned applied only to aliens who upon arrival in Canada were destined to the United States and who traveled to Canada by a commercial transportation line; that as B was not destined to the United States upon arrival in Canada and as he did not travel on a commercial transportation line he was not inadmissible under section 17, Immigration Act of 1924, and section 23, Immigration Act of 1917. The Board rejected the first contention and although B—— had not resided in Canada for 2 years it found that the excluding provisions mentioned should not apply to this case since the language of the statute indicated that Congress had in mind and was concerned solely with the voluntary transportation of aliens as a commercial transaction; that B was transported on a vessel owned by a commercial transportation company which was chartered by the British Government for the purpose of removing war prisoners and internees from England to Canada, and that B had no choice in deciding whether he was to leave England and come to Canada. The Board pointed out that in no manner was the ship which brought B― to Canada required to comply with the provisions of the statutes in question. The Board sustained B's appeal and authorized his admission. However, on February 5, 1941, the then Attorney General reversed the Board with the proviso, however, that if B—— subsequently were restored to his freedom and shall then make regular and proper application for admission to this country it shall be considered without prejudice. The Attorney General indicated that he agreed with the Board that the circumstances of B——'s being brought to Canada on a ship operated by the Government of Great Britain rather than on a ship or a private line was a circumstance not contemplated by Congress and not necessarily excluding B—, but found that there were other facts which could not justify

to the Army to provide for the transportation of displaced persons by sea. The letter contains the following further information:

The original arrangement under which Army ships operated in I. R. O. service was concluded between this office and the War Department in the early part of 1947 with the support of the then Secretary of State (General Marshall) and the Secretary of War (Judge Patterson). Subsequently, in February 1949, this understanding was supported and reaffirmed by Presidential Directives to the Secretary for the Army and the Commissioner of the United States Maritime Commission wherein the latter was directed to transfer, on a loan basis, to the Army such surplus vessels as might be required by the Army to meet the requirements of I. R. O. for sea transport in United States flag ships.

The master and all regular members of the crew of the General Bundy were employees of the Army and had full responsibility for the technical operation of the ship. Movements of these vessels in I. R. O. service were in accordance with instructions issued by I. R. O. to the Army governing their ports of call in Europe and the ports of destination wherever they might be at various locations in the world, as well as indicating the passengers to be carried. Control of the displaced persons passengers on these vessels was effected by the master, as required, through the medium of an escort officer placed on the vessel by I. R. O. who served as a member of the master's staff aboard the vessel.

The Service expressed the view that an alien brought to foreign contiguous territory on an Army transport under the auspices of the I. R. O. is not subject to exclusion on the above stated sections of law and that its reasons for such view is set forth in detail in the opinion of general counsel of the Service in the Matter of F, VP-422709, dated May 11, 1950, approved by the Commissioner May 22, 1950. Because the position of the Department of State on the problem is contrary to that of the Service (and the Board of Immigration Appeals) the Service has certified the matter for consideration. (Matter of P, Interim Decision #57).

The Board in the Matter of P-4 A-6996994, March 7, 1949, conIcluded as follows:

We find that his case falls within the language and phraseology in the Matter of B, so as to justify determination that provisions of sections 17 and 23 (supra), do not require a holding of inadmissibility thereunder. The International Refugee Organization, to whom the vessel in question was chartered for the purpose of bringing displaced persons to the North American continent, with the approval of the Department of State, is an international governmental

'P a native and citizen of Poland, landed at Halifax, Nova Scotia, on June 15, 1948, one of a group of 650 tailors brought to Canada as a displaced person by the I. R. O. He proceeded to Toronto and was examined by a Board of Special Inquiry to determine his admissibility to the United States for permanent residence. The vessel upon which he arrived in Halifax, the S. S. General William Black was a United States Army transport which was under charter to the I. R. O., its mission being to bring displaced persons to the North American continent, arrangements having been approved by the Department of State. P— originally intended to remain in Canada but married a United States citizen and as she refused to reside in Canada, P-sought entry to the United States in possession of required documents.

agency. The transportation of appellant to contiguous territory was not by means of a commercial transportation company or by vessel having a commercial character.

The B-case, which seems to have brought some confusion in the problem generally, was decided by the Board on January 21, 1941. B- a native of Germany, stateless, and of the Hebrew race, applied for admission to the United States at Montreal, Canada, on October 29, 1940, for permanent residence. He was excluded under section 17, Immigration Act of 1924, and section 23, Immigration Act of 1917. He was in possession of a German quota visa issued to him in Montreal, Canada. He was residing in England attending the University of Cambridge until May 12, 1940, when he was taken into custody by English authorities as an alien enemy and was interned. Along with many others he was transferred to Canada for interment, arriving there on July 13, 1940. He was brought to Canada aboard the S. S. Ettrick of the Peninsula and Oriental Line. It was argued that the immigration statutes mentioned applied only to aliens who upon arrival in Canada were destined to the United States and who traveled to Canada by a commercial transportation line; that as B― was not destined to the United States upon arrival in Canada and as he did not travel on a commercial transportation line he was not inadmissible under section 17, Immigration Act of 1924, and section 23, Immigration Act of 1917. The Board rejected the first contention and although B-- had not resided in Canada for 2 years it found that the excluding provisions mentioned should not apply to this case since the language of the statute indicated that Congress had in mind and was concerned solely with the voluntary transportation of aliens as a commercial transaction; that B― was transported on a vessel owned by a commercial transportation company which was chartered by the British Government for the purpose of removing war prisoners and internees from England to Canada, and that B― had no choice in deciding whether he was to leave England and come to Canada. The Board pointed out that in no manner was the ship which brought B― to Canada required to comply with the provisions of the statutes in question. The Board sustained B's appeal and authorized his admission. However, on February 5, 1941, the then Attorney General reversed the Board with the proviso, however, that if B- - subsequently were restored to his freedom and shall then make regular and proper application for admission to this country it shall be considered without prejudice. The Attorney General indicated that he agreed with the Board that the circumstances of B-'s being brought to Canada on a ship operated by the Government of Great Britain rather than on a ship or a private line was a circumstance not contemplated by Congress and not necessarily excluding B—, but found that there were other facts which could not justify

a disregard of the statute in order to permit B's admission to the United States. It was pointed out that B- was an internee and was brought to Canada for safekeeping and since he was still under restraints by Great Britain his admission could not be authorized under the law.

It seems that on June 2, 1942, the Attorney General answered a letter from the Acting Secretary of State dated March 31, 1942, requesting reconsideration of Attorney General Jackson's opinion of October 29, 1940, holding H- B— inadmissible to the United States. The reply indicated that there was no basis for disturbing the opinion mentioned but agreed with the legal adviser of the State Department that to hold the statute inapplicable to aliens brought to foreign contiguous territory by vessels operated by foreign governments would tend to defeat these purposes. He also agreed with the legal adviser that B was not exempt from the statutes in question by reason of his having been brought to Canada against his will since the statute made no distinction between a voluntary and involuntary bringing."

Thus, while the Service is now in agreement with the Board in the conclusion reached in the P case the fact remains that the Department of State, through Visa Circular No. 128, dated November 15, 1949, has ruled that aliens brought to Canada by the I. R. O. on vessels owned by the United States Army who have resided in that country less than

On November 15, 1949, the Department of State issued Visa Circular No. 128, as follows:

"Subject: Application of section 23 of the Immigration Act of February 5, 1917, as amended, and section 17 of the Immigration Act of 1924, as amended, to Aliens Brought to Canada by the International Refugee Organization.

"1. Purpose. This circular sets forth the authority for the application of the above sections of the Immigration Acts of 1917 and 1924 to aliens brought to Canada by the IRO.

"2. Background.—The Department has received inquiries in several cases as to whether aliens brought to Canada by the IRO on vessels owned by the United States Army who have resided in that country less than two years are admissible in view of section 23 of the Immigration Act of 1924.

"3. Finding.-It has been determined that aliens arriving in the manner described above are regarded as arriving on nonsignatory vessels and may not be permitted to enter the United States unless they have resided in such territory for more than two years prior to the date of their application for admission to the United States.

“4. Authority.—Section 23 of the Immigration Act of 1917 (39 Stat. 874, 892), section 17 of the Immigration Act of 1924 (43 Stat. 153, 163), Opinion of Attorney General Biddle in the case of H- B- (letter of June 2, 1942).

"5. Distribution.-This circular is being distributed to all Foreign Service offices in Canada.

NOTE-Paragraph 4 of the circular under "Authority" cities the Attorney General's letter of June 2, 1942."