PRESIDENTIAL PROCLAMATION
ALIENS
No. 2525
Alien Enemies -- Japanese
AUTHORITY
WHEREAS it is provided by Section 21 of Title 50 of the United States
Code [11 F. C. A., tit. 50, § 21] as follows: "Whenever there
is a declared war between the United States and any foreign nation or
government, or any invasion or predatory incursion is perpetrated,
attempted, or threatened against the territory of the United States by
any foreign nation or government, and the President makes public
proclamation of the event, all natives, citizens, denizens, or
subjects
of the hostile nation or government, being of the age of fourteen
years
and upward, who shall be within the United States and not actually
naturalized, shall be liable to be apprehended, restrained,
secured,
and removed as alien enemies. The President is authorized in any
such
event, by his proclamation thereof, or other public act, to direct the
conduct to be observed, on the part of the United States, toward the
aliens who become so liable; the manner and degree of the restraint
to
which they shall be subject and in what cases, and upon what security
their residence shall be permitted, and to provide for the removal of
those who, not being permitted to reside within the United States,
refuse or neglect to depart therefrom; and to establish any other
regulations which are found necessary in the premises and for the
public safety."
AND WHEREAS by sections 22, 23, and 24 of title 50 of the United States
Code [11 F. C. A., tit. 50, § § 22 to 24] further
provision is made relative to alien enemies:
PROCLAMATION
NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, as PRESIDENT of the United
States and as Commander in Chief of the Army and Navy of the United
States, do hereby make public proclamation to all whom it may concern
that an invasion has been perpetrated upon the territory of the
United
States by Empire of Japan.
CONDUCT TO BE OBSERVED BY ALIEN ENEMIES
And, acting under and by virtue of the authority vested in me by the
Constitution of the United States and the said sections of the United
States Code, I do hereby further proclaim and direct that the conduct
to be observed on the part of the United States toward all natives,
citizens, denizens or subjects of Empire of Japan being of the age of
fourteen years and upwards who shall be within the United States or
within any territories in any way subject to the jurisdiction of the
United States and not actually naturalized, who for the purpose of this
Proclamation and under such sections of the United States Code are
termed alien enemies, shall be as follows:
All alien enemies are enjoined to preserve the peace
toward the United
States and to refrain from crime against public safety, and from
violating the laws of the United States and of the States and
Territories thereof; and to refrain from actual hostility or giving
information, aid or comfort to the enemies of the United States or interfering
by word or deed with the defense of the
United States or
political processes and public opinions thereof; and to comply
strictly
with the regulations which are hereby or which may be from time to time
promulgated by the President.
All alien enemies shall be liable to restraint, or to give
security, or
to remove and depart from the United States in the manner
prescribed by
sections 23 and 24 of title 50 of the United States Code, and as
prescribed in the regulations duly promulgated by the President.
DUTIES AND AUTHORITY OF THE ATTORNEY
GENERAL AND THE SECRETARY OF WAR
And, pursuant to the authority vested in me, I hereby charge the
Attorney General with the duty of executing all the regulations
hereinafter prescribed regarding the conduct of alien enemies
within
the continental limits of the United States, Puerto Rico, the Virgin
Islands and Alaska, and the Secretary of War with the duty of
executing
the regulations which are hereinafter prescribed and which may be
hereafter adopted regarding the conduct of alien enemies in the Canal
Zone, the Hawaiian Islands and the Philippine Islands. Each of them
is
specifically directed to cause the apprehension of such alien enemies
as in the judgment of each are subject to apprehension or
deportation
under such regulations. In carrying out such regulations within the
continental United States, Puerto Rico, the Virgin Islands and Alaska,
the Attorney General is authorized to utilize such agents, agencies,
officers and departments of the United States and of the several
states, territories, dependencies, municipalities thereof and of the
District of Columbia as he may select for the purpose. Similarly the
Secretary of War in carrying out such regulations in the Canal Zone,
the Hawaiian Islands and the Philippine Islands is authorized to use
such agents, agencies, officers and departments of the United States
and of the territories, dependencies and municipalities thereof as he
may select for the purpose. All such agents, agencies, officers and
departments are hereby granted full authority for all acts done by the
them in the execution of such regulations when acting by direction of
the Attorney General or the Secretary of War, as the case may be.
REGULATIONS
And, pursuant to the authority vested in me, I hereby declare and
establish the following regulations which I find necessary in the
premises and for the public safety:
(1) No alien enemy shall enter or be found within the
Canal Zone and no
alien enemy shall enter or leave the Hawaiian Islands or the Philippine
Islands except under such regulations as the Secretary of War shall
from time to time prescribe. Any alien enemy found in the Canal Zone,
the Hawaiian Islands, or the Philippine Islands in violation of any
such regulations and any alien enemy who enters or is found within any
restricted area to be hereafter prescribed by the Military Commanders
of each territory in the Canal Zone, the Hawaiian Islands, and the
Philippine Islands, may be immediately apprehended by authority of the
Military Governors in each such territory, or if there be no Military
Governor, then by authority of the Secretary of War, and detained until
it is determined, under the regulations to be prescribed by the
Secretary of War, whether any such alien enemy should be permanently
interned following which such alien enemy shall be released,
released
on bond, or permanently interned, as the case may be.
(2) The exercise of the power to prescribe restricted areas and the
power of arrest, detention and internment of alien enemies in the Canal
Zone, the Hawaiian Islands or the Philippine Islands shall be under the
jurisdiction of the Military Commanders of each such territory, each
acting under such regulations as the Secretary of War shall hereafter
prescribe.
(3) No alien enemy shall enter or leave Alaska, Puerto Rico or the
Virgin Islands except under such regulations as the Attorney
General
shall from time to time prescribe. Any alien enemy found in Alaska,
Puerto Rico or the Virgin Islands in violation of any such regulations
and any alien enemy who enters or is found within any restricted area
to be hereafter prescribed by the Military Commanders of each such
territory in Alaska, and Puerto Rico and by the Navy Commander in the
Virgin Islands, shall be immediately apprehended by authority of the
Attorney General acting through the United States Attorney in each such
territory and detained until it is determined, under the regulations to
be prescribed by the Attorney General, whether any such alien enemy
shall either be released, released on bond, or permanently interned, as
the case may be.
(4) The Military Commanders in Alaska and Puerto Rico and the Naval
Commander in the Virgin Islands shall have the power to prescribe
restricted areas.
(5) No alien enemy shall have in his possession, custody or control
at
any time or place or use or operate any of the following enumerated
articles:
a. Firearms.
b. Weapons or implements of war or component parts thereof.
c. Ammunition.
d. Bombs.
e. Explosives or material used in the manufacture of explosives.
f. Short-wave radio receiving sets.
g. Transmitting sets.
h. Signal devices.
i. Codes or ciphers.
j. Cameras.
k. Papers, documents or books in which there may be invisible writing;
photograph, sketch, picture, drawing, map or graphical representation
of any military or naval installations or equipment or of any arms,
ammunition, implements of war, device or thing used or intended to be
used in the combat equipment of the land or naval forces of the United
States or any military or naval post, camp or station.
All such property found in the possession of any alien enemy
in
violation of the foregoing regulations shall be subject to seizure and
forfeiture.
(6) No alien enemy shall undertake any air flight or ascend into the
air in any airplane, aircraft or balloon of any sort whether
owned
governmentally, commercially or privately, except that travel by an
alien enemy in an airplane or aircraft may be authorized by the
Attorney General, or his representative, or the Secretary of War, or
his representative, in their respective jurisdictions, under such
regulations as they shall prescribe.
(7) Alien enemies deemed dangerous to the public peace or
safety of the
United States by the Attorney General or the Secretary of War, as the
case may be, are subject to summary apprehension. Such apprehension
shall be made in the continental United States, Alaska, Puerto Rico and
the Virgin Islands by such duly authorized officer of the Department of
Justice as the Attorney General may determine. In the Canal Zone, the
Hawaiian Islands and the Philippine Islands, such arrests shall be made
by the Military Commanders in each such territory by authority of the
respective Military Governors thereof, and if there be no Military
Governor, then by authority of the Secretary of War. Alien enemies
arrested shall be subject to confinement in such place of detention as
may be directed by the officers responsible for the execution of these
regulations and for the arrest, detention and internment of
alien
enemies in each case, or in such other places of detention as may be
directed from time to time by the Attorney General, with respect to the
continental United States, Alaska, Puerto Rico and the Virgin Islands,
and by the Secretary of War with respect to the Canal Zone, the
Hawaiian Islands and the Philippine Islands, and there confined until
he shall have received such permit as the Attorney General or the
Secretary of War with respect to the Canal Zone, the Hawaiian Islands
and Philippine Islands shall prescribe.
(8) No alien enemy shall land in, enter or leave or attempt to land
in,
enter or leave the United States, except under the regulation
prescribed by the President in his Proclamation dated November 14,
1941, and the regulations promulgated thereunder or any proclamation or
regulation promulgated hereafter.
(9) Whenever the Attorney General of the United States, with respect to
the continental United States, Alaska, Puerto Rico and the Virgin
Islands, or the Secretary of War, with respect to the Canal Zone, the
Hawaiian Islands and the Philippine Islands, deems it to be necessary, for
the public safety and protection, to exclude alien
enemies from a
designated area, surrounding any fort, camp, arsenal, airport,
landing
field, aircraft stations, electric or other power plant, hydroelectric
dam, government naval vessel, navy yard, pier, dock, dry dock, or any
factory, foundry, plant, workshop, storage yard, or warehouse for the
manufacture of munitions or implements of war or any thing of any kind,
nature or description for the use of the Army, the Navy or any country
allied or associated with the United States, or in any wise connected
with the national defense of the United States, or from any locality in
which residence by any alien enemy shall be found to constitute a danger
to the public peace and safety of the United
States or from a
designated area surrounding any canal or any wharf, pier, dock or dry
dock used by ships or vessels of any designated tonnage engaged in
foreign or domestic trade, or of any warehouse, shed, elevator,
railroad terminal, depot or yard or other terminal, storage or transfer
facility, then no alien enemy shall be found within such area or
the
immediate vicinity thereof. Any alien enemy found within any such
area
or the immediate vicinity thereof prescribed by the Attorney General or
the Secretary of War, as the case may be, pursuant to the regulations,
shall be subject to summary apprehension and to be dealt with as
hereinabove prescribed.
(10) With respect to the continental United States, Alaska, Puerto
Rico, and the Virgin Islands, an alien enemy shall not change his place
of abode or occupation or otherwise travel or move from place to place
without full compliance with any such regulations as the
Attorney
General of the United States may, from time to time, make and declare;
and the Attorney General is hereby authorized to make and declare, from
time to time, such regulations concerning the movements of alien
enemies within the continental United States, Alaska, Puerto Rico and
the Virgin Islands, as he may deem necessary in the premises and for
the public safety.
(11) With respect to the Canal Zone, the Hawaiian Islands and the
Philippine Islands, an alien enemy shall not change his place of abode
or occupation or otherwise travel or move from place to place without
full compliance with any such regulations as the Secretary of War may,
from time to time, make and declare; and the Secretary of War is hereby
authorized to make and declare, from time to time, such regulations
concerning the movements of alien enemies within the Canal Zone, the
Hawaiian Islands, and the Philippine Islands as he may deem necessary
in the premises and for the public safety.
(12) No alien enemy shall enter or be found in or upon any
highway,
waterway, airway, railway, railroad, subway, public utility, building,
place or thing not open and accessible to the public generally, and not
generally used by the public.
(13) No alien enemy shall be a member or an officer of, or
affiliated
with, any organization, group or assembly hereafter designated by
the
Attorney General, nor shall any alien enemy advocate, defend or
subscribe to the acts, principles or policies thereof, attend
any
meetings, conventions or gatherings thereof or possess or distribute
any literature, propaganda or other writings or productions thereof.
This proclamation and the regulations herein contained shall extend and
apply to all land and water, continental or insular, in any way within
the jurisdiction of the United States.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the United States of America to be affixed.
DONE at the City of Washington this seventh day of December, in the
year of our Lord nineteen hundred and forty-one, and of the
Independence of the United States of America the one hundred and
sixty-sixth.
FRANKLIN D. ROOSEVELT
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