L/UNA files, “Privileges & Immunities, General, 1944–1954”
Memorandum for the Standing Committee, Interdepartmental Committee on Internal Security ( ICIS )1
In its report to the ICIS of January 11, 1951, the Standing Committee recommends that the Departments of State and Justice re-examine proposed unilateral definition or delimination of the “headquarters site and its immediate vicinity” of the United Nations with a view to limiting the area drastically in the interest of protesting the security of the United States against aliens “actually or potentially” dangerous when coming to such an area but who might not constitute a serious threat to our internal security if they could be confined to a more restricted area in the United States.
Section 101(a) (15) (G) of Public Law 414 of the 82nd Congress, known as the Immigration and Nationality Act of 1952, defines the class of non-immigrant alien destined to an international organization. There is no limitation on the area within the United States in which such non-immigrant alien may travel once he gains entry into the United States. The privileges, exemptions and immunities of such aliens are set forth in the International Organizations Immunities Act (8 U.S.C. 203). Section 6 of the Joint Resolution by which Congress consented to the Headquarters Site Agreement between the United States and the United Nations provides that nothing in the agreement shall be construed as in any way diminishing, abridging or weakening the right of the United States to safeguard its own security and completely to control the entrance of aliens into any territory of the United States other than the headquarters district and its immediate vicinity as to be defined and fixed in a supplementary agreement between the United States and the United Nations and such areas as it is reasonably necessary to traverse in transit between the United Nations and foreign countries. The pertinent statutes and resolutions, above referred to, other than the Immigration and Nationality Act of 1952, are set forth in the report to the ICIS of January 11, 1951.
Since the adoption of the recommendation by ICIS, State and Justice Department representatives have conferred from time to time to re-examine the definition of the “headquarters site and its immediate vicinity.” No resolution of the problem has been achieved, however, through these conferences. It is reported that the United Nations officials will refuse to confer regarding the immediate vicinity of the [Page 238] headquarters site of the United Nations until the Senate shall take action on the proposed Convention relating to privileges and immunities of the United Nations personnel.
Security considerations strongly suggest a drastic limitation of the area in which personnel attached to the United Nations may reside or travel while in attendance at or employed by the United Nations. The investigative efforts of this nation have been thwarted or seriously impeded, for example, by the purchase by the Soviet Union of a large estate on Long Island outside the boundaries of the city of New York. Surveillances of every type have been thwarted by the care with which personnel favorable to the Soviet Union have been able to take advantage of the Soviet estate on Long Island to avoid detection. There have been several investigations of espionage activities engaged in by United Nations personnel which have been rendered far more difficult because of the wide area that has to be covered in any such operation. While it is possible to limit the travel of diplomats of Soviet and Soviet-bloc nations assigned to Washington, there is no limitation at the present time on the travel of any Soviet or Soviet-bloc personnel or Communists of other nations who are assigned to the United Nations. The security problem applies not only to Soviet and Soviet-bloc delegates and employees at the United Nations but also to such of the delegates and employees from other countries who are Communists.
A drastic limitation of the immediate vicinity of the headquarters site of the United Nations which for security reasons should mean the Borough of Manhattan would, it is realized, seriously interfere with the activities of persons favorable to the United States. It is believed, for example, that several of the British delegates or employees live in surrounding counties such as Westchester. There is no reason, however, why persons engaged in activities inimical to the United States should be allowed freedom to travel or reside where they wish. If the desired objective, therefore, cannot be achieved without undue interference with persons and nations friendly to the United States, it is suggested that some other means must be examined by which the objective can be achieved.
It is proposed, therefore, that the ICIS give serious consideration to recommending that legislation be sponsored which will require that persons who fall within the category of Section 101(a) (15) (g) of the Immigration and Nationality Act be issued visas limiting them to travel within the city in which the international organization meets and for travel to and from that city from the port of entry. In the case of the United Nations, such a visa would be valid only for travel within the Borough of Manhattan of the City of New York. The Secretary of State should have the discretion, however, to issue visas to such non-immigrant aliens as he has at the present time or, in the [Page 239] alternative, the limited type of visa herein suggested. By this method the Secretary of State, acting through appropriate consular representatives abroad, could issue the limited visa to any suspected individual, including all persons from the Soviet Union and from Soviet dominated countries and the present type of non-immigrant visa to all persons from friendly nations concerning whom there is no reason to suspect that they might engage in activities inimical to the security of the United States. Such legislation should apply not only to persons to whom the visas are to be issued in the future but to all persons at present in the United States who fall within the category of Section 101(a) (15) (g) of the Immigration and Nationality Act, giving such persons, of course, a reasonable period of time within which to obtain the new visa. Furthermore, any violation of such visa limitations should be a ground for immediate deportation.
These proposals are forwarded on behalf of the Justice Department conferees and although these proposals have been discussed informally within the Department, there has been no opportnuity to obtain a Departmental policy at this time and they are, therefore, submitted as the proposals of the Department’s conferees.
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Submitted as proposals of the “conferees” of the Justice Department to the ICIS; see last paragraph of this memorandum. The source text was attached to the draft Hickerson memorandum of Mar. 6, infra.
The Interdepartmental Committee on Internal Security was established in 1949 to coordinate all activities in the broad field of internal security, except certain intelligence activities.
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