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uncertain, especially the status of those who are not of Canadian birth. Many either have been definitely turned back at the border, or have been required to pay head tax and to secure immigration visas. The publication of General Order Number 86 has suddenly ended this growing uncertainty by providing that hereafter all who are employed in the United States while living in Canada are to be considered as immigrants to the United States.

His Majesty's Canadian Government does not question, of course, the right of the Government of the United States to determine what persons may be admitted to the United States. They wish, however, to express their view that the ending, without notice or negotiation, of this long-standing arrangement, under which economic interests have developed and communities have grown up in Canada dependent in part on employment in the United States, is a legitimate ground for concern. Ten years have elapsed since the passage by the Congress of the United States of the Immigration Act of 1917, and three years since the passage of the supplementary Act of 1924; no new legislation has been enacted since 1924 which affects the status of those who cross the border in this way, and the practice has been permitted to continue until the present time. The Order now applies for the first time to those who cross the border daily the provisions of the Act of 1924, three years after its passage.

As regards the general principle of the Order, the definition as an "immigrant" of one who is permanently domiciled in Canada and who enters the United States for a period of only eight or ten hours each working day, appears to be a departure from the ordinary meaning of the term, and seems to give to it a special sense in contradiction to customary usage. Immigration is generally considered to involve a change of domicile, and no other instance is known in which persons who retain in full their legal domicile and citizenship in one country are, at the same time, treated as immigrants to another country. In the view of His Majesty's Canadian Government, the interpretation of the term "immigrant" carried out in the practice which has been in force between Canada and the United States for many years is eminently fair and reasonable.

Certain exceptions to the operation of General Order Number 86 are made in Section 2 of the Order, by which the individuals who come within four specified classes are to continue to be admitted upon payment of head tax only. I understand that these exceptions are made to mitigate the hardship caused to individuals who began crossing the border before the passage of the Immigration Act of 1924. In Section 3 of the Order, all who have begun to cross the border since June 30, 1924, are given "a reasonable time, not to exceed sis

months from June 1, 1927, within which to obtain immigration visas and otherwise comply with the laws”. I am instructed to represent that for those who have to secure quota immigration visas the period of six months can hardly be regarded as "a reasonable time", except perhaps in a small number of cases in which the persons' names have for some time been on the waiting list for quota visas. As you already are aware, it is for those citizens of Canada who have to secure quota visas, numbering probably between four and six thousand, that His Majesty's Canadian Government feels an especial concern.

The laws of Canada make no distinction between citizens of Canadian birth and those of British or foreign birth who have acquired citizenship by domicile or naturalization, just as the laws of the United States make no distinction between native born and naturalized citizens. Unless some modification is made now or later, the effect of this Order will undoubtedly be to exclude from the United States the very large majority of these four to six thousand Canadian citizens who will be unable to secure quota visas before December 1, 1927. The number of persons seriously affected is a very small proportion of the population either of Canada or of the United States, but in the Windsor area it represents a very substantial percentage of the population of all ages, probably about fifteen per cent. In this area particularly the sudden dislocation of long established relations could hardly fail to have grave results.

The view of His Majesty's Canadian Government on the general principle of the Order has already been stated. With regard to its particular provisions, it is felt that in equity ample protection should be given to all who have been in the habit of crossing the border to work, irrespective of the date at which they began the practice, either by the extension of the exempted classes in Section 2, or by the elimination of the six months' time limit in Section 3, or by some other means. The interpretation given to the Immigration Act of 1924 up to the present time has encouraged the belief that the daily crossing of the border to employment in the United States was not affected by this Act. The retroactive aspect of the Order in excluding individuals who have been previously permitted by the Immigration authorities to enter the United States cannot, therefore, fail to cause ill-feeling and to work great hardship.

I shall be glad to accept the invitation which you cordially extend in the last paragraph of your Note to co-operate with your Department in studying these and other border-crossing difficulties; and I trust that in consequence a mutually satisfactory arrangement may be arrived at before long. In conclusion I take pleasure in assuring you that His Majesty's Canadian Government fully appreciates your

earnest desire, so clearly manifested in the discussions which have taken place on this subject, to preserve by practical means the traditional friendly relations between the United States and Canada. I have [etc.]

VINCENT MASSEY

150.01 Commuters/98

The Canadian Minister (Massey) to the Secretary of State No. 159

WASHINGTON, 13 June, 1927. SIR: I have the honour to refer to your note of May 28th. 1927, and to my reply thereto, Number 149 of June 8th. 1927, regarding the operation of General Order Number 86 of the Department of Labor of the United States.

In the view of the competent authorities of His Majesty's Canadian Government, certain doubts may arise as to the interpretation to be given to some of the clauses of this Order. In order, therefore, to prevent, so far as may be possible, uncertainty as to their status among those affected by this Order, I have the honour to submit below a list of questions concerning its interpretation. I shall be glad if you will be so good as to transmit these questions to the proper authorities of the Government of the United States, and in due course to furnish me with the information requested :

1. What is the status under the Order of Canadians born in countries to which the quota applies who began to cross the border hetween June 3rd. 1921, and June 30th. 1924, and who did not have the requisite residence qualifications at the time of their first admission to qualify under the provisions of Section 2 C and D. of the Order?

2. Will persons who fulfil the provisions of this Order, by the payment of head tax and by the presentation of visas when necessary, be able to continue to cross the border indefinitely without being required to pay head tas and to secure visas a second time?

3. Will persons who comply with the provisions of this Order at some future date be able to live in Canada and cross the border daily to work?

4. Will a person who is permitted under this Order to cross the border daily, and who at some future date changes his employment in the United States from one employer to another, be permitted to continue to cross the border?

5. What will be the status under the Immigration Laws of the United States of persons permitted to cross the border under Section 2 of the Order? Will they be considered to have been admitted as immigrants to the United States

6. What is the meaning of the phrase at the end of the first paragraph of Section 2 "provided that they are not coming to seek employment”?

7. If a person permitted to cross the border under Section 2 of the Order ceases in the future to cross the border, will he be permitted to resume the practice at a later date?

For greater certainty regarding the exact meaning of the various classes of persons enumerated in Sections 2 and 3 of the Order, I submit in addition the following general enquiry:

Will the following classes of persons be able to continue to cross the border on compliance with the conditions set out after each class?

(a) Canadians, irrespective of national origin, who began to cross the border before May 1st. 1917, without payment of head tax or presentation of visas;

(6) Canadians, irrespective of national origin, who began to cross the border between May 1st. 1917, and June 3rd. 1921, upon payment of head tax;

(c) Native born Canadians who began to cross the border between June 3rd. 1921 and June 30th. 1924, upon payment of head tax.

(d) Native born Canadians who began to cross the border since June 30th. 1924, upon payment of head tax and presentation of a non-quota visa;

(e) Canadians born in countries to which the quota applies, who began to cross the border between June 3rd. 1921, and May 10th. 1922, and who had lived in Canada for one year before their first admission to the United States, upon payment of head tax;

(f) Canadians born in countries to which the quota applies, who began to cross the border between May 11th. 1922, and June 30th. 1924, and who had lived in Canada for five years before their first admission to the United States, upon payment of head tax;

(g) Canadians born in countries to which the quota applies, who began to cross the border after June 30th. 1924, upon payment of head tax and the presentation of a quota visa from the allotment of the country of their birth. I have [etc.]

VINCENT MASSEY

150.01 Commuters/116

The Secretary of State to the Canadian Chargé (Wrong)

WASHINGTON, June 30, 1927. SIR: I have the honor to refer to the Minister's note No. 159 of June 13, 1927, requesting certain information regarding the operation of the Department of Labor's General Order No. 86 and to advise you that the following replies have been made by the appropriate branch of the Government to the questions propounded by you.

The questions are taken up in the order in which they appear in the Legation's note, with the answers appended thereto.

"1. What is the status under the Order of Canadians born in countries to which the quota applies who began to cross the border between June 3rd, 1921, and June 30, 1924, and who did not have the requisite residence qualifications at the time of their first admission to qualify under the provisions of Section 2 C and D of the Order?

“À. The Order contemplates that where residence is a requisite, such residence must have obtained at the time of original admission.

“2. Will persons who fulfil the provisions of this Order, by the payment of head tax and by the presentation of visas when necessary, be able to continue to cross the border indefinitely without being required to pay head tax and to secure visas a second time!

"A. Persons who comply with the provisions of the Order are admitted as immigrants, and the immigration rules and regulations governing what constitutes abandonment of status, exemption from repayment of head tax, etc., for aliens so admitted are applicable.

"3. Will persons who comply with the provisions of this Order at some future date be able to live in Canada and cross the border daily to work?

“X. The answer to the preceding question would seem to answer this query

“4. Will a person who is permitted under this Order to cross the border daily, and who at some future date changes his employment in the United States from one employer to another, be permitted to continue to cross the border ?

"A. This question would also appear to be answered by the foregoing, the nature and place of employment being a matter of no particular concern.

"5. What will be the status under the Immigration Laws of the United States of persons permitted to cross the border under Section 2 of the Order? Will they be considered to have been admitted as immigrants to the United States?

“A. This question is answered in the affirmative. In fact, the whole tenor of the Order deals with such persons as immigrants and not as visitors.

“6. What is the meaning of the phrase at the end of the first paragraph of Section 2 'provided that they are not coming to seek employment'?

"A. The exemptions in the Order apply only to aliens entering in pursuance of existing employment, and not to persons seeking employment.

7. If a person permitted to cross the border under Section 2 of the Order ceases in the future to cross the border, will he be permitted to resume the practice at a later date?

“A. This question is answered under query No. 2. "All the questions under the captions (a), (b), (c), (d), (e), (f) and (9) are answered in the affirmative, with the restrictions already referred to."

Accept [etc.]

For the Secretary of State:

WILBUR J. CARR

150.01 Commuters/198

The Canadian Minister (Massey) to the Secretary of State No. 281

WASHINGTON, 26 November, 1927. SIR: I have the honour to refer to your note of May 28th. 1927 and to my reply thereto of June 8th, regarding the operation of General

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