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This Government would be grateful if the views of the Canadian Government in regard to these proposals were made known to it at an early date. Accept [etc.]
FRANK B. KELLOGG
REPRESENTATIONS BY CANADA AGAINST CHANGES IN BORDER CROSSING PRIVILEGES BETWEEN CANADA AND THE UNITED STATES
The Assistant Secretary of Labor (White) to the Assistant Secretary
of State (Carr)
WASHINGTON, April 22, 1927. MY DEAR MR. CARR: Enclosed find copy of General Order No. 86, outlining land border crossing procedure, which may be of interes to your Department, particularly, as it may greatly increase the applications for non-quota visas at some of your consulates. I am informed this phase of the question was discussed with you several weeks ago by Mr. Husband.23 Sincerely yours,
ROBE CARL WHITE
General Order No. 86 of the Department of Labor
WASHINGTON, April 1, 1927. SUBJECT: Land border crossing procedure.
1. Hereafter aliens residing in foreign contiguous countries and entering the United States to engage in existing employment or to seek employment in this country will not be considered as visiting the United States temporarily as tourists, or temporarily for business or pleasure, under any provisions of the Immigration Law which exempt visitors from complying with certain requirements thereof; that is, they will be considered as aliens of the “immigrant" class.
2. However, the following aliens of the said “immigrant” class residing in foreign contiguous countries and who are now enjoying the border crossing privilege may continue so to enjoy it upon the payment of head tax, provided such head tax was assessible on aliens entering permanently at the time of original admission and, provided further, that they are not coming to seek employment.
A. Aliens whose original admission occurred prior to June 3, 1921.
B. Natives of nonquota countries whose original admission occurred prior to July 1, 1924.
* Second Assistant Secretary of Labor.
of one year.
C. Natives of quota countries whose original admission occurred subsequent to June 2, 1921, and prior to May 11, 1922, who at the time of such admission had resided in the Dominion of Canada, Newfoundland, the Republic of Cuba, the Republic of Mexico, or countries of Central or South America, or adjacent islands, for a period
D. Natives of quota countries whose original admission occurred subsequent to May 10, 1922, and prior to July 1, 1924, who at the time of such admission had resided in the Dominion of Canada, Newfoundland, the Republic of Cuba, the Republic of Mexico, or countries of Central or South America, or adjacent islands, for a period of five years.
3. Aliens of all nationalities of the "immigrant" class whose original admission occurred subsequent to June 30, 1924, will be required to meet all provisions of the Immigration Laws applying to aliens of the "immigrant" class. Aliens of this class already enjoying the border crossing privilege, however, will be granted a reasonable time, not to exceed six months from June 1, 1927, within which to obtain immigration visas and otherwise comply with the laws.
4. Aliens who have already complied with the requirements of the Immigration Laws and this General Order may be permitted to continue to enjoy the border crossing privilege.
5. Aliens who have complied with the requirements of this General Order governing permanent admission will be considered as having entered for permanent residence.
6. The use and issuance of identification cards to all classes of aliens entitled to same will continue as heretofore.
7. Identification cards held by or issued to aliens of the "immigrant" class shall be rubber-stamped as follows:
8. Identification cards held by or issued to aliens of the "nonimmigrant" class shall be rubber-stamped as follows:
9. To insure uniformity stamps furnished by the bureau, only, shall be used and blank spaces, including that for signature, shall be filled in by the use of indelible pencil.
10. All identification cards heretofore issued, held by aliens who can not, or do not, meet the requirements of law, regulations and this order, will be taken up and canceled upon an incoming trip of the holder and appropriate action taken.
11. The work of validating outstanding cards should proceed slowly, systematically, steadily and persistently, and in such a manner as to avoid confusion, congestion, interference with proper routine administration and the giving of just grounds for complaint upon the part of the traveling public.
12. The status of holders of identification cards shall be inquired into periodically, preferably every six months from date stamped, where practicable, but in any event not less frequently than once a year. When inquiry has been so made, it will be evidenced by a notation to show date of such inquiry and initials of the officer upon the reverse of the card. When the holder of a "nonimmigrant” identification card qualifies as an "immigrant," a new identification card shall be issued, stamped to show the correct status.
GEORGE J. HARRIS
Acting Commissioner General APPROVED : ROBE CARL WHITE
The Canadian Minister (Massey) to the Secretary of State
WASHINGTON, 23 April, 1927. Sir: I have the honour to draw your attention to reports which have recently been circulating in the Press to the effect that the Government of the United States intends to make drastic changes in the regulations now applicable to persons living in Canada, and crossing daily to the United States to work, especially in the area of Detroit.
In view of the long period during which the present practice has been followed, of the reciprocal character of the existing arrangements and of the serious dislocation which would result from any important alteration, I am instructed to request that, before any decision on this matter is taken or announced, an opportunity should be given for a conference to be held as soon as possible, between representatives of the Governments of the United States and of Canada. I am instructed to inform you that representatives of the competent authorities of the Canadian Government are prepared to come to Washington for such a conference at the earliest convenient date. I have [etc.]
The Secretary of State to the Canadian Minister (Massey)
WASHINGTON, May 10, 1927. SIR: I have the honor to refer to your notes dated April 23 and April 27, 1927,24 in which you suggest a conference for the
purpose of discussing the effects of a recent General Order of the Department of Labor pertaining to border-crossing privileges between Canada and the United States.
I am very glad to inform you that a conference will be held in the diplomatic room of the Department, Thursday, May 12, at 10:30 a. m. Officials of the Department of Labor will be present and I shall be very glad if you can attend and bring with you anyone whom you may desire to have present. Accept [etc.]
For the Secretary of State:
WILBUR J. CARR
Memorandum by the Chief of the Visa Office (Du Bois) of a Con
ference Held May 12, 1927, Regarding Canadian Border Travel Difficulties
At 10:30 a. m., by invitation of the Secretary, the following officials met in the Diplomatic Room of the Department:
Mr. du Bois, Chief of the Visa Office. The Secretary made an introductory statement to the Conference in which he pointed out the importance of maintaining the traditional friendly relations which had always existed with Canada. He hoped the conferees would discuss any and all questions arising from travel difficulties on the Canadian border in the friendliest spirit and he wanted the Conference to be sufficiently broad in scope to cover any question on which difficulties might arise with a view to their solution in a way that would maintain our friendly relations with Canada.
* Note of April 27 not printed ; it stated that the early part of the following week would be a suitable time for holding the conference.
The Secretary stated further that he hoped the work of the Conference would iron out all difficulties; that he would personally discuss its results with the Secretary of Labor at which discussion he invited the Minister of Canada to be present.
Since it was Diplomatic Day, the Secretary then excused himself and the Conference proceeded informally, presided over by Assistant Secretary Carr.
The Canadian Minister read a prepared statement outlining the widespread adverse effect Labor's General Order No. 86 has had on the sentiment and economic structure in Canada. He said it is being taken up editorially and by the man on the street in cities far removed from the border and has become, in fact, an acute international issue. He exhibited a copy of the Border Cities Star which bore a full front page editorial under one-inch headlines, “An Unfriendly Act of a Friendly Nation” and presented other clippings similar in tone from Quebec and other interior cities.
Mr. Wrong went further into details and suggested that under Labor's own definition—"an alien who, having a fixed domicile in some other country which he has no intention to abandon, comes to the United States for a temporary period only”—the border-crossers were in the category of non-immigrants.
Mr. White outlined the position of the Department of Labor at some length. He said that ever since July 1, 1924, Labor had been seeking a means to curtail the border-crossing privileges and was now driven by pressure from organized labor to a definite announcement of its program of control of border crossing by workers. He said these people who entered the United States solely for purposes of work and took the places of American workers were not contemplated by Congress as coming within the non-immigrant class.
The discussion then became general and centered around the number of persons who, under Labor's Order, would be required to present quota immigration visas. It was submitted by the representatives of Canada that these persons caused them the greatest concern since they were over 90% British-born and as much the responsibility of the Canadian Government as native-born Canadians. Each group had certain statistics which seemed to indicate that between 4000 and 6000 such persons were involved. It was pointed out that while this number was but a drop in the bucket as far as the American labor market was concerned, each individual, when thrown out of employment and forced to stay in Canada would become the nucleus of unfriendly feeling against the United States.
The time within which these people might hope to receive visas under their respective quotas was discussed. Our system of allotment proportional to demand was explained and also the fact that