L/UNA files. “Headquarters Agreement—Immigration (McCarran Act, etc.)”

Memorandum Prepared in the Office of the Assistant Legal Adviser for United Nations Affairs (Meeker): Part III

III. Operation of Section 11 of the Headquarters Agreement

It is the United States position, as shown earlier [Part I],1 that provisions of the Section 6 reservation in Public Law 357 (80th Congress) qualify the obligations set forth in the Headquarters Agreement. As the result of Section 6, the United States is not obligated to admit to the United States (for transit to and from the Headquarters District and its immediate vicinity) all aliens covered by Section 11. Them are exceptions. For example, an espionage agent would be excludable under Section 6. There are other types of cases which would be exceptions also.

The Immigration and Nationality Act, in Section 212(a), specifies a number of categories of persons who are ineligible to receive visas and excluded from admission into the United States. In the present context, categories 27, 28 and 29 of Section 212(a) are-particularly relevant. It is to be noted that the Attorney General has discretion, under [Page 267] subsection 212 (d) (3), to authorize the admission of aliens falling into category 28, as in the case of other inadmissible categories except categories 27 and 29. Where an alien covered by subsection 11(3), 11(4) or 11 (5) of the Headquarters Agreement falls into category 28, the procedure is for the Secretary of State to request the Attorney General to exercise his authority under subsection 212(d) (3) of the Immigration and Nationality Act. Aliens covered by subsections 11(1) and 11(2) of the Headquarters Agreement, who come within the terms of subsection 101(a) (15) (G) of the Act, are not ineligible to receive visas and be admitted to this country because they come within the provisions of subsection 212(a) (28) of the Act. In this connection, subsections 102(2), 102(3) and 212(d) (2) of the Act are relevant.

When Congress enacted the Immigration and Nationality Act, it recognized that certain aliens who would be otherwise inadmissible to the United States, under the terms of subsection 212(a) (28), would be admitted on recommendation of the Secretary of State and decision of the Attorney General because such persons were seeking to come to the United Nations under the Headquarters Agreement. However, subsections 212(a) (27) and 212(a) (29) provide for the unconditional exclusion of certain categories of aliens. The fact that in these cases the Attorney General is without discretionary authority to admit an alien temporarily under subsection 212(d) (3) despite his inadmissibility indicates the gravity of the security considerations where these two provisions apply. It likewise indicates that these provisions cover very limited classes of aliens, with respect to whom there is very serious information of a security nature.

The United States believes that the Immigration and Nationality Act can and should be given effect consistently with the Headquarters Agreement. Congress has regarded the two as compatible, and not conflicting, instruments. Furthermore, in giving effect to the Immigration and Nationality Act, the United States will take into account the consideration that aliens covered by Section 11 are seeking to come to the United Nations and not to travel the United States at large, and the consideration that, where necessary, geographical and other conditions can be imposed on their entry.

There have been given above [Part II]1 the facts underlying the United States Government’s conclusion that the Luckock and Dessau cases came within the provisions of subsection 212(a) (29) of the Immigration and Nationality Act. It is important to emphasize that these cases do not represent a new departure in American policy. The reasons for their exclusion are personal to them, indicating that the individuals personally would be a threat to United States security if they were to come to this country. They are special cases, each resting on its particular facts.

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The United States considers that an alien coming within subsection 212(a) (28) of the Immigration and Nationality Act, and not subsection 212(a) (27) or 212(a) (29), is to be admitted to the United States if his entry is covered by Section 11 of the Headquarters Agreement, and that the reservation contained in Section 6 of Public Law 357 does not afford a ground for excluding such an alien. Subsections 212(a)(27) and 212a) (29) of the Immigration and Nationality Act cover cases of inadmissibility to the United States where very serious security considerations are present. In deciding whether a case comes within either category 27 or category 29, the United States will take most careful account that these categories cover only very limited types of cases and of the circumstances (length of stay, purpose, conditions on entry) of the applicant alien’s intended trip to the United Nations. The United States considers that an alien ineligible to receive a visa and excluded from admission under subsection 212(a) (27) or 212(a) (29) of the Immigration and Nationality Act is an alien whom the United States is entitled to exclude under the Section 6 reservation to the Headquarters Agreement.

  1. Brackets in the source text. Part II has not been found in Department of State files.
  2. Brackets in the source text. Part II has not been found in Department of State files.