701.6111/505
The Attorney General ( Palmer ) to the Secretary of State
My Dear Mr. Secretary: In connection with the proceedings now pending before the Secretary of Labor looking to the deportation of Ludwig C. A. K. Martens, your attention is respectfully invited to the closing proviso of Section 3 of the Immigration Act of February 5, 1917, reading as follows:
“That nothing in this Act shall be construed to apply to accredited officials of foreign governments, …”
The question of the status of the alien in this case is one which might arise in the course of an oral argument which is to be heard before the Secretary of Labor on December 7th, and in anticipation of such a situation, I would appreciate it if I might obtain from you an expression of your opinion upon the meaning of the words above quoted, and their applicability to the status of Mr. Martens. It might be pointed out that Mr. Martens does not claim the diplomatic immunity, referred to in your letter to me of April 8, 1920,19 but bases his claim upon the Act of February 5, 1917.
An early expression of your views in the premises will be greatly appreciated.
Faithfully yours,