CONTENTS Page Richard J. Kerry, administrative attorney, Division of International Administration of the Bureau of United Nations Affairs, Depart- H. J. L'Heureux, Chief, Visa Division, Department of State-- Donald Nicholson, Chief, Division of Security, Department of State- C. Harold Pennington, Chief, Investigations Section, New York district office, Immigration and Naturalization Service. Fred Reinhardt, Director, Eastern European Affairs, Department of Louis Wienckowski, investigator, New York district office, Immigra- tion and Naturalization Service.. Wilfred W. Wiggins, Chief, Investigations Section, Enforcement Division, United States Immigration and Naturalization Service.. REPORT FROM THE SUBCOMMITTEE INVESTIGATING SUBVERSIVE AND ILLEGAL ALIENS IN THE UNITED STATES Hearings were held in executive session in Washington, D. C., and in New York City, respecting subversive and illegal aliens in the United States. The testimony involved three phases of the problem and, accordingly, will be submitted in three parts, the first part being transmitted herewith. Part 1 deals with aliens in diplomatic or semidiplomatic status. BACKGROUND On September 22, 1950, the Congress enacted the Internal Security Act of 1950, which provides, among other things, for the exclusion. from the United States of any alien, irrespective of his status, whose entry into this country would endanger the public safety, and for the deportation from the United States of any alien, irrespective of his status, if he engages in activities in the United States endangering the public safety. Admittedly, so long as the United States maintains diplomatic relations with Communist countries, it will be necessary to admit into the United States aliens in diplomatic status who are Communists; and such aliens are not ipso facto under the Internal Security Act excludable or deportable from the United States. Evidence already presented before committees of the Congress has established, however, that diplomatic status frequently is used as a guise under which Communist agents gain admission into the United States to carry on subversive activities in this country, and that the Communist apparatus in the United States is controlled and directed by Communist agents who have gained admission in diplomatic status. Typical of the testimony before the committees of the Congress on this problem is the following testimony of J. Edgar Hoover, Director of the Federal Bureau of Investigation, on February 7, 1950, before a subcommittee of the Senate Committee on Appropriations: Experience has revealed that foreign espionage agents seek the protection of a legal cover. By that I mean they seek admittance into the United States on diplomatic passports. They seek assignments to some official foreign agency and thus conceal themselves under the diplomatic cloak of immunity. To further avert suspicion, a high-ranking espionage agent may very well be employed as a clerk or in some minor capacity in a foreign establishment. However, when he speaks, those with higher-sounding titles follow his orders without question. Foreign espionage services maintain strict supervision over their activities in this country. Under date of June 30, 1949, Senator Pat McCarran, chairman of the Senate Committee on the Judiciary, transmitted to the Chief of the Central Intelligence Agency a list of 100 names which were taken at random from the names of several thousand aliens who have gained admission into the United States in diplomatic status. The Chief of the Central Intelligence Agency was asked to report on the background of these 100 cases on the basis of the information contained in the files, but without revealing the identity of the individuals or the source of information. The Chief of the Central Intelligence Agency reported that 32 of the individuals had been engaged in active work for the intelligence services of their respective countries21 were reported to have been active in Communist organizational work of an underground or subversive nature, outside their homelands and 29 were reported to have been "ardently" working in subversive activities which in the light of known Communist methods, must be considered to be against the interests of the United States. Prior to the passage of the Internal Security Act of 1950, officials of the Department of Justice testified before a Senate subcommittee that under the then-existing law they were powerless to exclude from the United States any alien who presented a diplomatic passport. The Chief of the Visa Division of the Department of State testified before a Senate subcommittee that in every case in which the Visa Division had disapproved a visa application on security grounds involving officials of a foreign government or an affiliate of an international organization the case had been approved by the higher echelon of the Department of State. He further testified that the cases involving aliens in diplomatic status in which the Visa Division had disapproved the application for a visa on security grounds but in which the Visa Division was uniformly overruled were running at the rate of 8 to 10 a month. RÉSUMÉ OF NEW TESTIMONY The principal points in the new testimony herewith transmitted are as follows: (1) The Chief of the Investigation Section of the Immigration and Naturalization Service testified that he had no doubt in his mind that the control and direction of the Communist apparatus in the United States is centered in aliens who are in the consulates, embassies, and international organizations in the United States; but he stated that he could not recall any case of an alien in diplomatic or semidiplomatic status who was excluded or deported from the United States since the passage of the Internal Security Act. It seems evident from further testimony of the Chief of the Investigation Section of the Immigration and Naturalization Service that little, if any, investigation has been made to develop cases of subversive aliens in diplomatic or semidiplomatic status who are deportable under the Internal Security Act of 1950 because of subversive activities in the United States. (2) Officials of the Department of State testified that from July 1947 to March 1951 visas totaling 3,616 in number were issued to aliens in diplomatic status from iron-curtain countries; that no visa application for an alien in diplomatic status has been formally refused since the enactment of the Internal Security Act, although in two or three cases visas were not issued when they were requested. (3) Officials of the Department of State testified that there were 85 current cases of aliens in diplomatic or semidiplomatic status, who have been admitted into the United States, on whom adverse security information has been obtained since their arrival in this country, of which number 48 were affiliates of consulates and embassies and 37 were affiliates of an international organization. Officials of the Department of State testified that the Secretary of State requested the Attorney General to admit into the United States temporarily 21 cases of Communist aliens coming to the United Nations who were excludable under the immigration laws. (4) Officials of the Department of State testified that although the Headquarters Site Agreement of August 4, 1947, provided for a supplementary agreement between the Government of the United States and the United Nations to fix the boundaries of the headquarters district and to define the areas which it is "reasonably necessary to traverse in transit between the same and foreign countries," and although the United States expressly reserved its right to control the entrance by aliens coming to the United Nations into any territory of the United States other than the Headquarters District and its immediate vicinity, no such supplementary agreement has, as yet, been negotiated, and therefore the right of the United States to control the movement of such aliens has been effectively impeded. (5) Officials of the Department of State testified that although the Internal Security Act provides for the exclusion, pursuant to such rules and regulations as the President may deem necessary, of ambassadors, public ministers, and career diplomatic and consular officers whose admission into the United States would endanger the public safety, the President has not yet issued any such rules and regulations. (6) The testimony of an official of the Immigration and Naturalization Service, and of officials of the Department of State, reveals that in December of 1950, one Roman Kutylowski, president, Gdynia-American shipping lines, who had arrived at a port of entry in the United States, was detained for exclusion from the United States by the Immigration and Naturalization Service as a subversive alien; that the Department of State recommended to the Department of Justice that Mr. Kutylowski's temporary admission into the United States would be "highly desirable in the national interest from the standpoint of the conduct of our foreign relations," and that thereafter the Attorney General admitted Mr. Kutylowski into the United States. The testimony and information of the Internal Security Subcommittee establishes, beyond doubt, that Mr. Kutylowski's presence in the United States is detrimental to the security of this Nation. RECOMMENDATIONS The subcommittee recommends: (1) That the officials of the Department of Justice and the officials of the Department of State forthwith inaugurate a vigorous program of enforcement of those provisions of the Internal Security Act of 1950 which are designed to exclude from the United States aliens, irrespective of their status, who are coming to this country to engage in activities which would endanger the public safety, and to deport from the United States aliens, irrespective of their status, whose presence in this country endangers the public safety. |