Introduction A passport has been defined generally as being in the nature of a political document allied to, and at times a part of, the conduct of foreign affairs. Its usage in the United States goes back over the better part of 2 centuries. In the early stages it amounted in international law to a letter of safe conduct. Today it is an essential element to travel abroad by an American citizen. The statutory authority to grant or withhold a passport was vested in the Secretary of State by the Congress 101 years ago, but this exercise of discretion in the issuance is actually grounded in the power over foreign relations placed in the Executive by the Constitution. Passports have now become "big business." From a figure of 21,719 in 1912, the issuance or renewal of passports mushroomed to a total of 559,066 in 1956. In the 10 years from 1947 to 1956, inclusive, the Passport Office reported a grand total of 3,641,675. In the Passport Office files today there are more than 35 million documents incidental to the conduct of its business, covering the period from 1940 to date. Whether Communists or those with sympathetic associations were entitled to passports has been a problem existing almost from the time of the Bolshevik revolution in 1917. Marked fluctuations in the policy of the Department of State in this respect have been reviewed. The United States, like other nations, has had its full share of experience with Communist-inspired fraud and forgery and the full gamut of subtle devices employed in this field. This Commission has closely studied the history of the passport security program. The record to date is not particularly impressive. Serious deficiencies have been noted. Accordingly, the Commission has made 5 recommendations for legislation, 7 for changes in present regulations, and 10 for revision of operational procedures. HISTORY The United States Supreme Court in 1835 described the 19th-century concept of the passport as follows: There is no law of the United States, in any manner regulating the issuing of passports.... It is a document, which, from its nature and object, is addressed to foreign powers; purporting only to be a request, that the bearer of it may pass safely and freely; and is to be considered rather in the character of a political document, by which the bearer is recognised, in foreign countries, as an American citizen; and which, by usage and the law of nations, is received as evidence of the fact.' In 1933, an Assistant Secretary of State defined American passports in these terms: The American passport is a document of identity and nationality issued to persons owing allegiance to the United States and intending to travel or sojourn in foreign countries. It indicates that it is the right of the bearer to receive the protection and good offices of American diplomatic and consular officers abroad and requests on the part of the Government of the United States that the officials of foreign governments permit the bearer to travel or sojourn in their territories and in case of need to give him all lawful aid and protection. It has no other purpose.❜ Necessity and advisability for obtaining a passport.-The Constitution contains no express provision relative to the right to travel abroad or the necessity for a passport in order to leave the country. However, complaints contained in the Declaration of Independence against restrictions upon the right to travel indicate the high value placed upon that right by Colonial Americans. Although Congress did not enact legislation governing the issuance of passports during the early days of our country, the Secretary of State has issued passports at least since 1796.8 As a matter of military necessity, Congress regulated the right to travel abroad during the War of 1812. That statute, which was passed in 1815, made it illegal for any person residing in the United States to enter territory occupied by the British without a passport. Violation of the act was made punishable by fine or imprisonment. Similarly, during the Civil War, the Department of State prohibited anyone from going abroad or from passing the lines of the United States Army without a passport.5 When World War I began, American citizens were not required to carry passports when traveling abroad. However on November 14, 1914, the Department of State issued an order which said in part: All American citizens who go abroad should carry American passports, and should inquire of diplomatic or consular officers of the countries which they expect to visit concerning the necessity of having the passports visaed therefor." 1 Urtetiqui v. D'Arcy et al., 9 Pet. 692, 698. 23 Hackworth, Digest of International Law, p. 435 (1942). The American Passport, published by the Department of State (1898), p. 77. 43 Stat. 195, 199-200. The American Passport, op. cit., pp. 49-50. 3 Digest of International Law, op. cit., p. 526. By letter dated June 5, 1917, the Secretary of Commerce requested steamship lines not to accept as a passenger on any oceangoing vessel departing from the United States and bound for a foreign port, nor to permit the departure thereon as a passenger, any citizen of the United States unless such citizen has a valid passport issued by the Department of State." 8 By act approved May 22, 1918, Congress gave the President the power to make it a criminal offense for any citizen to depart the United States unless he had a valid passport. The act of May 22, 1918, was implemented on August 8, 1918, by President Wilson. Thereafter it was unlawful for an American citizen to leave the United States without a valid passport. President Wilson also proclaimed that No citizen of the United States shall receive a passport entitling him to leave or enter the United States, unless it shall affirmatively appear that there are adequate reasons for such departure or entry and that such departure or entry is not prejudicial to the interests of the United States. After the end of hostilities, American citizens could again leave the United States without passports. Just prior to World War II, the Department of State replaced all outstanding passports with a new style document. By this means it was possible to remove all fraudulent or altered passports from circulation and also to remove passports from the hands of persons engaged in activities not in the best interest of the United States. A replacement passport was granted only after a thorough examination of the bona fides of the bearer.10 On November 14, 1941, the President of the United States proclaimed that "no citizen or person who owes allegiance . . . shall depart from... the United States. .. unless he bears a valid passport issued by the Secretary of State... 99 11 At the present time, it is provided by statute (66 Stat. 163, 190) that when the United States is at war or during the existence of a national emergency proclaimed by the President, if the President shall find that the interests of the United States require additional restrictions and prohibitions to those otherwise provided with respect to the departure of persons from and their entry into the United States, and shall so proclaim, it shall be unlawful, except as otherwise provided by the President, and subject to limitations and exceptions authorized by him, for any citizen of the United States, to depart from or enter the United States "unless he bears a valid passport." The President has made a proclamation which brings these provisions into effect.12 As shown above, during most of our history passports have not been required by this country of Americans who desired to travel abroad. How 3 Digest of International Law, op. cit., p. 527. $40 Stat. 559. 40 Stat. 1829. 10 12 Department of State Bulletin, 1068 (1945). 11 Proclamation 2523; 55 Stat. 1696. 12 Proclamation No. 3004, 18 F. R. 489, which followed Proclamation No. 2914. |