811.111 Refugees/260
The Minister in Portugal (Pell) to the Secretary of State
[Received September 10.]
My Dear Mr. Secretary:
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I have either met or heard of many cases of deserving persons who I feel could and would contribute to the good of the United States and I am in sympathy with the purpose of “The President’s Advisory Committee on Political Refugees”. I believe that a committee of this kind can be of great assistance in recommending special consideration to deserving cases. I feel it my duty to tell you, however, that in practice this system and the system by which the Department is passing on visa cases in conjunction with the Department of Justice as outlined in telegraphic instruction No. 186 of July 26, 11 p.m.,72 is not working out with the results which it was originally intended to achieve. In the opinion of all of us here in the Legation and Consulate General it is resulting in visas being granted in many cases to the least desirable element and those against whom there is evident ground for doubt. Desirable individuals presenting themselves at the Consulate are often unable to quality for visas since they do not have organizations to push their cases in America. Incidentally I regret to say that some of the most active organizations pushing immigration cases are racial.
I fully realize that today we face a special situation in which our traditional policy of granting entry into America to political refugees is necessarily involved despite our strict immigration laws. Nevertheless I venture to recommend that, if practicable, instruction No. 186 of July 26, 11 PM., be modified and that the Consulate General here be instructed again to act in accordance with the instructions contained in the telegrams of June 5, 6 PM., and June 29, 1 PM.,73 and in accordance with the provisions of the Immigration Act. Furthermore I beg to suggest that the appropriate officers of the Department should investigate [Page 237] this matter as the Consulate is now being urged to consider the cases of certain individuals against whom there are good reasons to have the greatest doubt, although proof is not readily available, and of others who have left France, Belgium, Holland, Austria and Czechoslovakia probably as agents of the German Government.
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In a number of cases visas have been refused to applicants either because there were no quota numbers available or because they had not submitted any corroboratory evidence regarding their previous activities. Subsequent to the refusal many of these persons have been able to make arrangements through organizations in the United States to have their names put on special lists for favorable consideration. They have then appeared at the Consulate General to demand that a visa be issued and often say openly that they have been able to overcome the restrictive provisions of the immigration laws. In many cases the applicants have boasted when they were first refused that they were in a position to make arrangements to have orders come from the Department to grant visas to them.
This situation has made it very difficult if not impossible to maintain any consistent policy and it has been embarrassing to the officers who have tried to put into effect the Department’s announced policy and to protect the interests of the United States. I, therefore, offer as a suggestion that, in accordance with the law, instructions be given to the Consulate so that the burden of proof be placed on the applicants to show what activities they were engaged in prior to departing from their own countries and what activities they propose to engage in if they are admitted to the United States. Considering that it is possible that many of the persons now applying may not always have acted in the best interests of their own countries, I believe that it would be in the best interests of the United States to demand such proof.
In any event I believe that the problem should receive immediate consideration. The matter is already a subject of general Lisbon gossip and may become an open scandal. Those desirous of visas congregate and talk. It is openly and frequently said that the Consulate can be overruled by anyone able to use influence in the United States and it is suggested that this influence is purchased.
Many have come to the Legation and in spite of my explanation that the whole business of passports is the Consul’s affair and not mine, have threatened me with reprisals and asserted that they had sufficiently powerful friends to get special instructions issued which were quite frequently forthcoming. The American colony is incensed as are the local representatives of American newspapers.
Respectfully yours,