Passports 6. AUTHORITY OF THE SECRETARY OF STATE IN THE ISSUANCE OF PASSPORTS: Statement by the Department of State, May 24, 19521 1. The Secretary of State has discretionary authority in the issuance of passports, both as a power inherent in the exercise of the Presidential authority to conduct foreign relations and as a matter of statutory law.2 2. Various Secretaries of State have exercised the right to refuse passports or withdraw passports already issued. Various courts and attorneys general of the United States have rendered opinions in which the discretionary authority of the Secretary of State in the issuance of passports has been recognized. In an opinion of August 29, 1901, the Attorney General stated: Substantial reasons exist for the use by Congress of the word "may" in connection with authority to issue passports. Circumstances are conceivable which would make it most inexpedient for the public interests for this country to grant a passport to a citizen of the United States. For example, if one of the criminal class, an avowed anarchist for instance, were to make such application, the public interests might require that his application be denied. Without expressing any opinion as to whether a passport should be granted to Ng Faun, I advise you that it may, in your discretion, be granted or withheld. 3 In the case of Perkins v. Elg, 307 U. S. 325 (1939), the Supreme Court, after holding that the Secretary of State should be included in a decree declaring the plaintiff to be a natural-born citizen of the United States, had the following to say: The decree in that sense would in no way interfere with the exercise of the Secretary's discretion with respect to the issue of a passport but would simply preclude the denial of a passport on the ground that Miss Elg had lost her American citizenship. 3. For many years the Department has refused passports to persons for many reasons. For example, passports are denied when evidence in the Department's files shows that the applicant for the passport is a fugitive from justice or mentally ill or likely to become a public charge abroad, et cetera. 4. For many years the Department has also refused passports to persons when it had in its files clear evidence that they had, on previous trips abroad, engaged in political activities in foreign countries. 5. The Department reexamined its policy respecting the issue of passports to Communists and persons believed to be Communists and subversives after both the judicial and legislative branches of the 1 Department of State Bulletin, June 9, 1952, pp. 919-920. 2 See the act of Aug. 18, 1956 (11 Stat. 60), the act of June 14, 1902 (32 Stat. 386), and the act of July 3, 1926 (44 Stat. 887). 323 Op. Atty. Gen. 509-511, at 511. This phrase in the opinion of the Supreme Court as reported in 307 U. S. 325 reads "on the sole ground." th Government had made certain findings concerning the Communis D movement in the United States. The U. S. Court of Appeals for th Second Circuit, in upholding the conviction of the 11 leading Con munists in New York, found that the conspiracy in which they wer participants was a "clear and present danger to the United States. The Congress of the United States, in the Internal Security Act 1950, made these findings: That there exists a world-wide Con munist revolutionary movement, the purpose of which is by treachery W deceit, espionage, and sabotage to establish a Communist totalitaria dictatorship in countries throughout the world; that, due to the world P wide scope of the movement, the travel of Communist members b representatives, and agents from country to country is a prerequisi for the carrying on of activities to further the purpose of this revol tionary movement; and that individuals in the United States, participating in this movement, in effect, repudiate their allegiane to the United States and transfer their allegiance to the foreign countr which controls the Communist movement. It was decided that, in view of the findings by the court and th Congress, it would be inappropriate and inconsistent for the Depar ment to issue a passport to a person if information in its files ga reason to believe that he is knowingly a member of a Communist c ganization or that his conduct abroad is likely to be contrary to the best interests of the United States. This policy has been followe since February 1951, and, in view of the national emergency pr claimed by President Truman 3 and the conditions existing in variou areas of the world, it is believed that it should be closely adhered to 6. A passport certifies to foreign governments not only the citizen ship and identity of the bearer, but requests them to permit him safel and freely to pass and, in case of need, to give all lawful aid an protection. Possession of the passport indicates the right of the beare to receive the protection and good offices of American diplomat: and consular officers abroad. The right to receive the protection d this Government is correlative with the obligation to give undivide allegiance to the United States. A person whose activities, eithe at home or abroad, promote the interests of a foreign country or political faction therein to the detriment of the United States or e friendly foreign countries should not be the bearer of an America: passport. 7. Passports are refused only on the basis of very clear and definite reports from the investigative and security offices of this Department and of other Government departments and agencies and from foreign governments containing well-authenticated information concerning past and present activities and associations of the applicant. Th decision not to issue a passport or to withdraw a passport already issued does not represent the judgment of the Passport Division alone but is reached after consultation by responsible officers of the Passpor 1 This is apparently based on the statement, in the Court's opinion, "We ho that it is a danger 'clear and present'" (183 F. (2d), 201–237, åt 213). PL 831 (81st Cong., 2d sess.), Sept. 23, 1950; 64 Stat. 987. Proclamation 2914 of Dec. 16, 1950; 15 Fed. Reg. 9029. a f I t 8 8 |