The Secretary of State to the Attorney General of the United States (McGrath)
My Dear Mr. Attorney General: Reference is made to a letter, dated August 3, 1951, from the Commissioner of the Immigration and Naturalization Service, regarding Marcelle C. V. B. Hitschmannova.1
In that letter it was stated that Marcelle Hitschmannova has been in an illegal status so far as the immigration laws are concerned since January, 1950.
At the time of receipt of the letter, Miss Hitschmannova had not been formally and regularly reaccredited by the United Nations, since this Government had not yet forwarded its comments to the United Nations concerning her reaccreditation. The United Nations Secretariat has considered that Miss Hitschmannova continued in an accredited status after March 17, 1951 pending action on her application for renewal of accreditation. Upon being informed, by letter dated October 2, 1951, that the United Nations would find it necessary to proceed with the regular reaccrediting of Miss Hitschmannova in the absence of comment from this Government, the Department notified the United Nations on October 8, 1951 that, if she were reaccredited, it might be necessary to deport her. On October 9, 1951, the United Nations reaccredited Miss Hitschmannova for a period of one year.[Page 76]
The letter of August 3, 1951 also stated:
“The files of this Service indicate that the continued presence in the United States of this alien may be a threat to the national security. In this connection you are referred to reports received from the Federal Bureau of Investigation, which I assume were also received by your Department. Inasmuch as subject’s reaccreditation by the United Nations expired on March 17, 1951, it will be appreciated if you will promptly inform me as to whether the Department of State has any objection to this Service requiring subject alien to depart from the United States.”
It is not apparent from the letter whether, in view of the fact that Miss Hitschmannova has been continuously accredited by the United Nations as a correspondent within the meaning of Sec. 11(3) of the Headquarters Agreement between the United States and the United Nations, Public Law 357, 80th Congress, you would propose to deport her exclusively on security grounds.
In this connection, your attention is invited to Section 13 of the Agreement which provides, in part:
- “(b) Laws and regulations in force
in the United States regarding the residence of aliens shall
not be applied in such manner as to interfere with the
privileges referred to in Section 11 and, specifically,
shall not be applied in such manner as to require any such
person to leave the United States on account of any
activities performed by him in his official capacity. In
case of abuse of such privileges of residence by any such
person in activities in the United States outside his
official capacity, it is understood that the privileges
referred to in Section 11 shall not be construed to grant
his exemption from the laws and regulations of the United
States regarding the continued residence of aliens, provided
- “(1) No proceedings shall be instituted under such laws or regulations to require any such person to leave the United States except with the prior approval of the Secretary of State of the United States. Such approval shall be given only after consultation with the appropriate Member in the case of a representative of a Member (or a member of his family) or with the Secretary-General or the principal executive officer of the appropriate specialized agency in the case of any other person referred to in Section 11;”
In the light of the foregoing, and since you have not stated that the continued presence of Miss Hitschmannova is a threat to the national security or that she has violated the conditions under which she was granted her present status, the Department is not in a position to determine whether it should or should not object to the institution of deportation proceedings until it receives from your Department the evidence, material allegations and the legal basis upon which you would require Miss Hitschmannova to depart from the United States.