From 1776 to 1783, no state government had a passport requirement. The Articles of Confederation government (1783–1789) did not have a passport requirement. From 1789 through late 1941, the government established under the Constitution required
United States passports of citizens only during the
American Civil War (1861–1865) and during and shortly after
World War I (1914–1918). The passport requirement of the Civil War era lacked statutory authority. After the outbreak of World War I, passports were required by
executive order,
[20] though there was no statutory authority for the requirement. The
Travel Control Act of May 22, 1918 permitted the president, when the United States was at war, to proclaim a passport requirement, and a proclamation was issued on August 18, 1918.
[21] Though World War I ended on November 11, 1918, the passport requirement lingered until March 3, 1921.
[22] There was an absence of a passport requirement under United States law between 1921 and 1941.
World War II (1939–1945) again led to passport requirements under the Travel Control Act of 1918. A 1978 amendment to the
Immigration and Nationality Act of 1952 made it illegal to enter or depart the United States without an issued passport even in peacetime.
Congress was controlled by Democrats in 1978.