Executive Order 8766—Documents Required of Aliens Entering the United States

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.