L/UNA files, “Headquarters Agreement—Section 6”
The Under Secretary of State for Administration (Lourie) to the Attorney General of the United States (Brownell)1
My Dear Mr. Attorney General: I refer to a meeting which was held with Ambassador Lodge in your office on May 29, 1953 to consider procedures to be followed in dealing with the cases of aliens seeking admission to the United States in connection with the work of the United Nations. It was agreed at that time that close liaison should be maintained between the Departments of State and Justice with respect to any cases where questions of the admissibility of an alien under United States law were presented. I am writing to you now about such a case in order to secure a concert of views between our two Departments.
In November 1953 the Department of State was informed by our Mission in Cairo that Anwar Youseff El Meshry, an Egyptian national, had applied for a non-immigrant visa for the purpose of proceeding to the United Nations to take up a position as information officer within the United Nations Secretariat. The Mission in Cairo also reported that the United Nations had requested, in a telegram dated October 21, 1953, that G–4 visas be issued to Mr. El Meshry and his family.
Information available to the Department of State indicates: that Mr. El Meshry is a member of a Communist group in Egypt; that officials of the Egyptian Ministry of Interior had recommended his dismissal from a position with the Egyptian State Broadcasting because of this membership, but that no action was taken or is contemplated concerning the dismissal recommendation; that Mr. El Meshry has participated in four Communist-sponsored world-wide conferences; that he has written at least two anti-American articles appearing in an Egyptian newspaper.
On the basis of the above information, it is the view of this Department that Mr. El Meshry falls within the class of aliens defined in subsection 212(a) (28) of the Immigration and Nationally Act of 1952, but that he does not fall within the classes defined in subsection 212 (a) (27) or subsection 212(a) (29) of the Act. It has been considered in the Department of State that, in the light of Section 102(3) of the Immigration and Nationality Act, it is necessary to interpret subsections 212(a) (27) and 212(a) (29) of the Act in relation to subsection 212 (a) (28), and as defining classes of aliens with respect to whom there is more seriously derogatory information than that covered in subsection 212(a) (28). To construe subsection 212(a) (27) or subsection [Page 312] 212(a) (29) as applying to aliens who were Communists and engaged in the regular activities of Communist Party members would bar completely from entry the members of Soviet-bloc delegations to the United Nations and many Soviet-bloc nationals employed by the Secretariat, It is not believed that the statute should be so interpreted, in view of its provisions such as those contained in subsection 101 (A) (15). Subsections 212(a) (27) and 212(a) (29) are believed to apply to cases where more than Communist Party membership and the usual activities incident to such membership are involved. Espionage, sabotage, and conspiracy to bring about violent overthrow of the Government are examples of the type of threat to the national security evidently covered by the two subsections in question.
I would appreciate hearing from you at your early convenience whether you agree with the above stated views concerning the case of Mr. El Meshry, so that we might know in advance whether the Department of Justice would take the same view as this Department of the facts now known concerning Mr. El Meshry, upon the latter’s arrival at a port of entry in the event a visa is issued to him. This Department Would be happy to make available to you any relevant file materials which would be of assistance in your consideration of the matter.
Sincerely yours,
- Drafted by the Assistant Legal Adviser for UN Affairs (Meeker).↩