Wartime Measure Act of 1918
Wartime Measure Act of 1918 was United States federal legislation deeming wartime travel as an unlawful act when touring without a United States passport.
Not to be confused with War Measures Act.Long title
An Act to prevent in time of war departure from or entry into the United States contrary to the public safety.
Foreign Travel Restrictions Act of 1918
May 22, 1918
Background[edit]
The passport has long been used as an instrument of international travel, not only in the United States, but also all throughout the world. On August 18, 1856, Congress resolved that passports were reserved for citizens of the United States alone. Congress also gave the Secretary of State "sole authority to issue passports and made it illegal for any other authority to issue a passport or a document in the nature of a passport."[1] The first instance of strict regulations on passport travel in the United States was during the Civil War, attributable to Secretary of State William Seward.[1] These regulations required that anyone entering or exiting the United States have a passport, including immigrants, who had to have their documentation signed by a U.S. minister or consul.[1] There was contention centered upon the 1856 Act that drew from three main components: passports were only issued to citizens of the United States, the authority to issue passports was vested in the Secretary of State, and that very authority came with incredible discretion. Further, problems arose in the verification of one's citizenship, as "government officials and applicants often sought to turn the vagaries of citizenship to their advantage."[1]
On July 26, 1917, the State and Labor Departments issued a joint order that attempted to "legally control the entry of aliens to the United States," by requiring them to have visas issued by a United States consul.[1] However, the Attorney General later determined that the executive branch, namely the President, did not have the authority to implement such regulations. This led to the second instance in which strict regulations were placed on passport travel for citizens of the United States. On May 22, 1918 the Wartime Measure Act, also known as the Travel Control Act and the Flood Passport Act,[2] was signed by Woodrow Wilson just one year following the United States' entrance into World War I.[3] Following the Act, the continued discretion of passport officials made it nearly "impossible to travel in the 1920s and 1930s without securing the necessary documents."[3] The necessity of this Act stemmed primarily from the "unregulated flow of people across borders" during the war, which was seen as a potential national security threat for countries around the world, including the United States.[3]
Aftermath[edit]
An article from the New York Times, published August 26, 1919, quoted President Woodrow Wilson's request to Congress to extend the passport provision for one more year. His rationale was that a lift on travel restrictions to and from the United States would welcome an increase in immigrants, including those "undesirable, from the point of view of becoming future citizens," and those whose "origin and affiliations make it inadvisable that they should be permitted to enter"[5] the country. The extension, necessitating a $750,000 appropriation, would, according to President Wilson, maintain a necessary system of passport control.
Another New York Times article headlined "Enemy Aliens Need No Permit Now to Quit the United States,"[6] also discussed the issue of travel control during this time. The President amended a previous Executive Order, so that "hostile or enemy aliens"[6] that wished to leave the United States no longer needed permission for departure, unless stated by the Secretary of State. A passport from their country of origin was sufficient, so long as it was dated within one year prior to the desired date of departure.[6]