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Full text of "Subversive and illegal aliens in the United States; progress report to the Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws of the Committee on the Judiciary, United States Senate"




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82d Congress). COMMITTEE PRINT 

1st Session 



SUBVERSIVE AND ILLEGAL ALIENS IN 
THE UNITED STATES 




PROGRESS REPORT 

TO THE 

SUBCOMMITTEE TO INVESTIGATE THE ADMINISTEATION 

OF THE INTERNAL SECURITY ACT AND OTHER 

INTERNAL SECURITY LAWS 

OF THE 

COMMITTEE ON THE JUDICIARY 
UNITED STATES SENATE 

ON 

SUBVERSIVE AND ILLEGAL ALIENS IN 
THE UNITED STATES 




Printed for the use of the Committee on the Judiciary 



UNITED STATES 
GOVERNMENT PRINTING OFFICE "^ '^^ 

87415 WASHINGTON : 1951 | ^ 






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COMMITTEE ON THE JUDICIARY 



PAT McCARRAN, Nevada, Chairman 



HARLEY M. KILGORE, West Virginia 
JAMES O. EASTLAND, Mississippi 
WARREN G. MAGNUSON, Washington 
HERBERT R. O'CONOR, Maryland 
ESTES KEFAUVER, Tennessee 
WILLIS SMITH, Nortli Carolina 



ALEXANDER WILEY, Wisconsin 
WILLIAM LANGER, North Dakota 
HOMER FERGUSON, Michigan 
WILLIAM B. JENNER, Indiana 
ARTHUR V. WATKINS. Utah 
ROBERT C. HENDRICKSON, New Jersey 



J. G. SODRWiNE, Counsel 



Special Subcommittee To Investigate the Administration of the Inteenai. 
Security Act and Other Internal Security Laws 

PAT McCARRAN, Nevada, Chairman 

JAMES O. EASTLAND, Mississippi HOMER FERGUSON, Michigan 

HERBERT R. O'CONOR, Maryland WILLIAM E. JENNER, Indiana 

WILLIS SMITH, North Carolina ARTHUR V. WATKINS, Utah 



Subcommittee Investigating Subversive and Illegal Aliens in the Unitkd 

States 

HERBERT R. O'CONOR, Maryland, Chairman 

PAT McCARRAN, Nevada WILLIAM E. JENNER, Indiana 

RICHARD Abens, staff Director 



II 



CONTENTS 



Page 
Statement or testimony of — 

William K. Ailshie, special assistant to the Director, Office of Security 

and Consular Affairs, Department of State 48 

Robert C. Alexander, Assistant Chief, Visa Division, Department of 

State 48 

Gerhard Ilgner, investigator, New York District Office, Immigration 

and Naturalization Service 23 

Richard J. Kerry, administrative attorney. Division of International 
Administration of the Bureau of United Nations Affairs, Depart- 
ment of State 48 

H. J. L'Heureux, Chief, Visa Division, Department of State 48 

Donald Nicholson, Chief, Division of Security, Department of State- 48 

C. Harold Pennington, Chief, Investigations Section, New York 

district office, Immigration and Naturalization Service 5,17 

Fred Reinhardt, Director, Eastern European Affairs, Department of 

State 48 

Harold C. Vedeler, officer in charge of Polish, Balkan, and Czecho- 

slovakian Affairs, Department of State 48 

Louis Wienckowski, investigator. New York district office. Immigra- 
tion and Naturalization Service 8 

Wilfred W. Wiggins, Chief, Investigations Section, Enforcement 

Division, United States Immigration and Naturalization Service-- 28 

rn 



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, resj)ecting 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 fii^t 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 re- 
lations 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 ap- 
paratus 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 Conmiittee 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 vi-ell 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 grained 



Z SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

admission into the United States in diplomatic status. The Chief 
of the Central Intelligence Agency was asked to report on the back- 
ground 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 countries — 

21 were reported to have been active in — 

Communist organizational work of an underground or subversive nature, out- 
side 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 in- 
volving officials of a foreign government or an affiliate of an interna- 
tional organization the case had been approved by the higher echelon 
of the Department of State. He further testified that the cases involv- 
ing aliens in diplomatic status in which the Visa Division had dis- 
approved 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. 

RESUME OF NEW ITiSTIMONY 

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 w^ho 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 semidiplo- 
matic 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, investiga- 
tion has been made to develop cases of subversive aliens in diplomatic 
or semidiplomatic status who are deportable under the Internal Secu- 
rity Act of 1950 because of subversive actiAdties in the United States. 

(2) Officials of the Department of State testified that from July 
1947 to March 1951 visas totaling o,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. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES S 

(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 
wdiich number 48 were affiliates of consulates and embassies and 37 
were affiliates of an international organization. Officials of the De- 
partment 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 exclud- 
able under the immigration laws. 

(4) Officials of the Department of State testified that although the 
Headquarters Site Agreement of August 4, 194T, provided for a sup- 
plementary agreement between the Government of the United States 
and the United Nations to fix the boundaries of the headquarters dis- 
trict 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 tlie 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 ambas- 
sadors, 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 Naturaliza- 
tion Service, and of officials of the Department of State, reveals that in 
December of 1950, one Roman Kutylowski, president, Gdynia-Amer- 
ican shipping lines, who had arrived at a port of entry in the United 
States, was detained for exclusion from the United States by the Immi- 
gration and Natui'alization Ser\dce 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 "liighly 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 testi- 
mony and information of the Internal Security Subcommittee estab- 
lishes, 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 pres- 
ence in this country endangers the public safety. 



4 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

(2) That the Department of State proceed forthwith to negotiate 
a supplementary agreement, pursuant to, and as called for by, the 
Headquarters Site Agreement of August 4, 1947, between the Gov- 
ernment of the United States and the United Nations, fixing the 
boundaries of the headquarters district and defining the areas which it 
is "reasonably necessary to traverse in transit between the same and 
foreign countries" so as to permit effectuation by the United States of 
its expressly reserved right to control the entrance of aliens into any 
territory in the United States other than the headquarters district. 

(3) That the President of the United States, pursuant to the pro- 
visions of the Internal Security Act of 1950, cause to be issued rules 
and regulations for the exclusion of ambassadors, public ministers, 
and career diplomats and consular officers whose admission into the 
United States would endanger the public safety. 

Herbert R. O'Conor, Chairman. 
Pat McCarran. 
William E. Jenner. 



Part 1 

[Excerpts from hearings held April 12, 13, May 3, 11, and 29, 1951] 

SUBYEESIVE AND ILLEGAL ALIENS IN THE 
UNITED STATES 



thursday, april 12. 1951 

Subcommittee To Investigate the 
Administration of the Internal Security Act 

AND Other Internal Security Laws 

or THE Committee on the Judiciary, 

Nem York City, N. Y. 

The subcommittee met at 2 p. m., pursuant to recess, in room 2804, 
United States Courthouse, New York, N. Y., Hon. Herbert R. 
O'Conor, j)residing. 

Present : Senators O'Conor and Jenner. 

Present also : Eichard Arens, director of the subcommittee ; Frank 
W. Schroeder, staff member; Donald D. Connors, Jr., Mitchel M. 
Carter, and Edward R. Duffy, investigators. 

Senator O'Conor. The subcommittee will come to order. 



TESTIMONY OF C. HAEOLD PENNINGTON, CHIEF, INVESTIGATIONS 
SECTION, IMMIGEATION AND NATURALIZATION SERVICE 

Senator O'Conor. In the presence of Almighty God, do you swear 
that the testimony you shall give will be the truth, the whole truth 
and nothing but the truth ; so help you God ? 

Mr. Pennington. I do. 
■ Senator O'Conor. Mr. Pennington, what is your full name? 

Mr. Pennington. C. Harold Pennington. 

Senator O'Conor. What is your official position? 

Mr. Pennington. Chief of Investigations, Immigration and Nat- 
uralization Service, New York City? 

Senator O'Conor. Mr. Pennington, there was requested a certain 
file which I understand you have brought in accordance with the 
request. 

Mr. Pennington. That is right. 

Senator O'Conor. Would you be kind enough to let us have it ? You 
do understand it is desired that you be present when the file is 
inspected. 

Mr. Pennington. May I explain before you 

Senator O'Conor. So it may be identified, it is the file of Eoman 
Kutylowski ? 

Mr. Pennington. Yes, sir. I noticed when I got hold of the file 
there is there on the bottom an indication that the majority of the 
file was sent to Washington when this case was closed in New York, 
so that is all the file. 

87415—51 2 5 



b SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Senator Jenner. Tliis is not the complete file ? 

Mr. Pennington. This is not the complete file. 

Senator O'Conor. You have reference to the letter of December 
26, 1950, a confidential letter sent to the personal attention of Murray 
Roberts, which states : 

^ In accordance with your telephonic request today there is forwarded entire 

decentralized file — 

giving the number — 

in the case of Roman Kutylowski. Please return it when it has served its pur- 
pose to you. 

That is the communication to which you refer? 

Mr. Pennington. Yes. 

Mr. Arens. Mr. Pennington, it is the purpose of the subcommittee 
to take your testimony tomorrow. In view of the lateness of the 
hour we will not be able complete our interrogation of you today, but 
we thought in view of the fact you had the file in your custody now 
we could touch on this matter and cover other matters with you at 
another time. 

Senator O'Conor. In that connection, Mr. Pennington, would it 
expedite matters at all if you were to leave the file ? 

Mr. Pennington. They told me not to. As far as I am concerned, 
it is perfectly all right. 

Senator O'Conor. All I was trying to do was to avoid unnecessary 
delay on your part. 

Mr. Pennington. I thought maybe it would shorten things if you 
looked at that yellow sheet. That is a summary of it. 

Senator O'Conor. We were going to ask you if you couldn't sum- 
marize it for us and give us an over-all summary of it. 

Mr. Pennington. I am not familiar with the file entirely excepting 
since I was called about 2 o'clock I looked through the file and I 
noticed that our case was sent into the Washington office and then 
into the Board of Immigration Appeals. We are governed by what 
the Board of Immigration Appeals finds in the case. 

I notice in their findings that they have ordered Mr. Kutylowski 
admitted under the ninth proviso of section 3 of the Immigration 
Act of 1917 

Mr. Arens. That is the subversive section which would make him 
normally excludable ? 

Mr. Pennington. That is the ninth proviso. 

Mr. Arens. Section 3 of your 1917 act contains certain provisions 
of the law applicable to subversives. 

Mr. Pennington. Certain ones excepting that this particular por- 
tion is contained in the Internal Security Act. 

Mr. Arens. Yes. 

Mr. Pennington. But the ninth proviso is in the third section of 
the 1917 act — because of a request made by the Department of State 
that he be admitted. 

Senator O'Conor. On what was that based ? 

Mr. Pennington. The only thing I have to go by is that third para- 
graph, I believe it is the third paragraph, in the first page. 

Mr. Arens. Let us clear the record for the benefit of the subcom- 
mittee on what the legal situation is. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 7 

Is it not a fact that Mr. Kutylowski, without some extraordinary 
discretionary relief, "would be excludable from the United States as 
a subversive ? 

Mr. Pennington. That is right. 

Mr. Arens. But under the ninth proviso to section 3 of the 1917 
act the Attorney General is vested with certain discretionary power 
to temporarily admit into the country aliens who are otherwise ex- 
cludable ; is that true ? 

Mr. Pennington. That is correct. 

Mr. Arens. And the ninth proviso was exercised on behalf of Mr. 
Kutylowski who would be excludable as a subversive? 

Mr. Pennington. That is right. 

Senator O'Conor. I will read into the record that particular para- 
graph so that it will be clear as to what you are referring to : 

Based solely upon tbe recommendation of the Department of State that it con- 
siders the applicant's temporary admission to be highly desirable in the national 
interest from the standpoint of the conduct of our foreign relations, we shall 
authorize the subject's temporary admission to August 1, 1951, subject to 
revocation at any time in the discretion of the Attorney General. 

That is the provision you mean? 

Mr. Pennington. Tliat is right. 

Mr. Arens. Who is Mr. Kutylowski ? 

Mr. Pennijstgton. He is the president of the Gdynia-American 
Lines. 

Mr. Arens. Wliat is the Gdynia-American Lines? 

Mr. Pennington. It is owned by the Polish Government and they 
are the operators of the motorship Bato?y. 

Mr. Arens. That motorship Batory is the ship which is the sister 
ship to the S-ohieski; is it not? 

Mr. Pennington. That is right. 

Mr. Arens. And it is the ship which Gerhart Eisler escaped; is it 
not? 

Mr. Pennington. That is right. 

Mr. Arens. It is owned by the Polish Communist Government? 

Mr. Pennington. That is right. 

Senator O'Conor. This is the same man who figured in the Gerhart 
Eisler case, at least he was interrogated ? 

Mr. Pennington. He was interrogated at that time and he was 
president of the line at that time. 

Mr. Arens. Now the Gdynia lines of which Mr. Kutylowski is presi- 
dent operated in the United States a Communist radio series, did it 
not? Do you have any information on that? 

Mr. Pennington. I have no information on that. 

Mr. Arens. It was due to the intervention of the senior Senator 
from Maryland that that radio program was stopped. 

Senator O'Conor. I recall the case very well because it was quite 
shocking to us at the time. We found not only the interest that they 
had in the broadcasting but the fact that the Embassy in Washington 
was so careful. I can recall, seeing that they brought a man all the way 
from the west coast or a considerable distance because they wanted 
to select him personally to have charge of the material that was 
going in. 



8 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Pennington. I have heard of their radio program through 
some of the FBI. The FBI was dealing with that particular thing 
but how subversive it was I did not know. 

(Discussion off the record.) 

Senator O'Conor. Then, Mr. Pemiington, we will see you tomorrow. 

TESTIMONY OF LOUIS WIENCKOWSKI, INVESTIGATOR, 
IMMIGRATION AND NATURALIZATION SERVICE 

Senator O'Conor. In the presence of Almighty God do you swear 
that the testimony you shall give will be the truth, the whole truth, 
and nothing but the truth ; so help you God ? 

Mr. WiENCKOwsKi. I do. 

Senator O'Conor. AVhat is your full name ? 

Mr. WiENCKOwsKi. Louis Wienckowski. 

Senator O'Conor. What is your position ? 

Mr. Wienckowski. Investigator. 

Senator O'Conor. For Immigration and Naturalization Service ? 

Mr. Wienckowski. Yes, sir. 

Senator O'Conor. How long have you been with them? 

Mr. Wienckowski. Since May 2, 1941. 

Senator O'Conor. Now, Mr. Arens, will you proceed ? 

Mr. Arens. Mr. Wienckowski, you are appearing here under sub- 
pena ? 

Mr. Wienckowski. Yes, indeed. 

Mr. Arens. Have you been admonished, advised, or instructed by 
any person respecting your testimony here today ? 

Mr. Wienckowski. I haven't. 

Mr. Arens. You are a completely free agent and will testify fully 
and freely before this subcommittee ? 

Mr. Wienckowski. Yes, sir. 

Mr. Arens. And you will answer any questions put to you fully and 
freely, without restraint ? 

Mr. Wienckowski. Yes. 

Mr. Arens. Are you familiar with the Kutylowski case? 

Mr. Wienckowski. Yes, sir. 

Mr. Arens. Will you recite for the benefit of the subcommittee the 
facts surrounding that case and cover the high lights of the case ? 

Mr. WiENCKOwsiti. Kutylow^ski is the president of the Gdynia- 
American Line. I had been instrumental in conducting an investiga- 
tion on the Gdynia Line and the vice president was a member of the 
Communist Party and I think through the committee he had been de- 
ported because at the time prior to the Security Act of 1950 we 
could not. 

Mr. Arens. What committee are you referring to ? 

Mr. Wienckowski. The subcommittee of the Senate Judibiary 
Committee. I think you conducted hearings in 1949. • 

Mr. Arens. On Senator McCarran's bill S. 1832? 

Mr. Wienckowski. Yes. 

Mr. Arens. And I believe Senator O'Conor was presiding at the ses- 
sion at which Mr. Kutylowski appeared ? 
^ Mr. Wienckowski. 1 believe so. 

Kutylowski being the president of the line, we did suspect he was 
active with the Polish Communist Government. We had informants 



SUBVERSIVE AND ILLEGAL ALIENS IX UNITED STATES 9 

within the line and ^Ye had information as to some of his activities. 
However, we could never place him within the party itself. He was 
not a member of the American Communist Party. If he was a mem- 
ber of the Polish Communist Party, we could not penetrate. 

However, since we suspected some of his activities we received in- 
formation from a confidential source, from Copenhagen, that he was 
arriving in the United States 2 days before Christmas, I think on 
Saturday. 

Mr. Arexs. What year? 

Mr. WiExcKOwsKi. 1950. 

I passed on this information to Mr. Esperdy in our office for his 
action and they detained Mr. Kutylowski upon arrival. About 2 
weeks later they called me and said we had to get a case against Kuty- 
lowski and see what I could do. 

I went out and spent quite a bit of time working on this thing. We 
did find out that he had been active as a propaganda agent; he had 
received substantial amounts from the Polish Embassy in conducting 
propaganda activities. 

Mr. Arens. Was that in the form of radio programs, too, among 
other things ? 

Mr. AViENCKOwsKi. Some of the money was used for radio pro- 
grams. Another thing it was used for was in connection with a news- 
paper which has been subsidized by the Polish consulate. I think it 
was the Xowa Epoka. That was a Communist publication. 

Mr. Akens. Is it now in existence ( 

Mr. WiENCKOwsKi. It is not in existence any more. It had gone out 
of existence subsequent to the hearings which were conducted in Wash- 
ington at which Mr. Kutylowski was examined bj" the committee. 

We also did obtain information from people who were present at 
Kutylowski's apartment on one occasion when I think the Ambassador, 
Winiewicz,^ was present, and I think Stanczyc.- He was the rep- 
resentative to the United Nations from Poland. He was present. 
Mr. Gutowski,^ the editor of the Nowa Epoka, was present. 

At this time Gutowski was instructed on methods of penetration 
into Polish- American organizations which were anti-Communist. At 
that time we felt we had sufficient information to bar Mr. Kutylowski 
from entering the United States and to exclude him. 

I was off starting the month of February and I think about the 
2d or 3d of February I was advised by one of my informants that 
Mr. Kutylowski had been released from Ellis Island. As to why 
he was released I did not know. 

Mr. Arens. You know he got the ninth proviso ? 

Mr. WiENCKOwsKi. No ; I did not. 

]Mr. xVrens. You know it now. 

Mr. WiExcKowsKi. Now you tell me, this is the first time I am 
aware of it. 

My informants had advised me that Mr. Kutylowski, if he would 
not be admitted, would be turned back to Poland and a second admis- 
sion as a diplomat. They intended to bring him in in that manner. 
However, subsequently information reached me that some pressure 
was being put on the State Department. One source had it that the 

^ Josef Winiewicz, Polish Ambassador. 

2 Jan Stanczyk. 

^ Stanislaw Gutowski. 



10 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

way this pressure was put on was through the Moore-McCormack 
Lines, some official in the Moore-McCormack Lines, was advised that 
they would in some manner take steps to affect the Moore-McCormack 
business in Poland and probably oust some of the officials. 

Another source had it that the line had been using so-called five- 
percenters in Washington to obtain export licenses, to expedite export 
licenses, and that they used this same source to effect Mr. Kutylowski's 
freedom from our custody. 

Now I never had the occasion to follow that up because the case was 
out of my hands upon my submitting the report in January. 

Mr. Arens. Do you know of Mr. Kutylowski's activities now since 
he has gotten back in the country ? 

Mr. WiENCKOwsKi. No, I do not. 

Mr. Arens. The Eussian Government operates the Sobieski, does 
it not? 

Mr. WiENCKOwsKi. At the present time I am informed it does. 

Mr. Arens. The Polish Communist Government operates the 
Batoryf 

Mr. WiENCKOwsKi. Yes. 

Mr. Arens. The Batory is the ship that Eisler escaped on? 

Mr. WiENCKowsKi. That is true. 

Mr. Arens. I understand you have some information respecting the 
escape of Gerhart Eisler ? 

Mr. WiENCKOwsKi. Well, I am still conducting the investigation on 
the escape of Gerhart Eisler. Some of this information I would 
rather give off the record, in view of the fact that we still may be able 
to possibly prosecute the people involved. 

(Discussion off the record.) 

Mr. Arens. You are a member of the squad or staff that investigates 
Communist activities among aliens and Communist aliens? 

Mr. WiENCKOwsKi. Yes. 

Mr. Arens. '\Yhat is the general Communist Party situation here in 
New York among aliens ? 

Mr. WiENCKOwsKi. Well, it seems to me that they have made — the 
Communist Party has made — the greatest advances in the foreign 
elements. They are trying to penetrate into the so-called anti-Commu- 
nist organizations by various means. They also have penetrated an 
enormous gimount of unions but the membership I think is presently 
becoming more aware of the fact of the penetration. 

* « « « Hf « » 

Mr. Arens. Has the McCarran Act helped you in your problems 
of picking up Communist aliens ? 

Mr. WiENCKOwsKi. Yes, sir.- Specifically I will mention this case 
of the vice president of the Gdynia- America Line. He had been a 
member of the Polish Communist Party. We were able to establish 
membership for a certain period of time subsequent to the end of the 
war at which time we were allegedly still playing along with ou^r 
great allies, the Russians, which would tend to indicate that they did 
not intend to overthrow the Government of the United States although 
we know the purpose has been that, but we could never prove that the 
. Polish Communist Party in 1947, which w\as the period, advocated the 
overthrow of this Government by force and violence. We didn't have 
evidence to place him as a member. However, since the passage of the 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 11 

McCarran Act we did not have to prove that the Polish Communist 
Party at that time advocated the overthrow of the Government by 
force and violence. 

Senator O'Coxor. "Wliat is the name ? 

Mr. WiENCKOAvsKi. Czeslaw Grzelak. 

Senator O'Conor. He was deported ? 

Mr. WiENCKowsKi. He has been deported. 

Incidentally, he had appeared before your committee in Washington 
at the same time as Kutylowski, 

Mr. Arexs. How many alien Communists have you picked up since 
the McCarran Act passed? 

Mr. WiE'NCKOwsKi. I myself had completed cases on 

Mr. Arens. I mean your unit. 

Mr. WiEXCKOwsKi. That I would not know. I have no idea. 

Mr. Arexs. How many have you picked up? . 

Mr. WiEXCKowsKi. I myself have had three cases developed since 
the passage of the McCarran Act. 

Mr. Arens. How many did you do prior to the McCarran Act? 
How many did you pick up ? 

Mr. lYiEXCK(JWSKi. Three as a result of that. 

Mr. Arexs. I do not believe I made my point clear. You say you 
picked up personally three alien Communists since the passage of the 
McCarran Act which was Septejnber 23, 1950. 

Mr. WiEXCKOwsKi. That is right, 

Mr. Arexs. How many did you pick up in a year prior to the 
passage of the McCarran Act ? 

Mr. WiEXCKowsKi. I think about five or six. 

Mr. Arexs. How many were deported of those five or six? 

Mr. WiENCKOwsKi. I only know of one that was deported out of 
that group, and one subsequent to the passage of the McCarran Act. 
It was two. 



Senator Jexxer. I would like to ask a question. You were assigned 
as investigator on this Kutylowski case. I think you made the state- 
ment that you learned he had been released from Ellis Island. 

Mr. WiExcKOWSKi. Yes, sir. 

Senator Jexxer. You had been assigned as investigator? 

Mr. WiEXCKOwsKT. Yes. 

Senator Jexxer. Did not your superiors tell you that he had been 
released or why he had been released ? 

Mr. WiEXCKowsKi. I will clear that point up. I had been away 
on leave the montli of February. I was studying for a bar examina- 
tion. My connection with the Kutylowski case ceased upon my com- 
pleting the report and submitting the report. After that I had no 
further connection with the case. When I submitted the report it was 
sufficiently established in my mind that we had sufficient grounds to 
exclude him. I couldn't ])ossibly believe that they would ever permit 
him to enter the United States. He was releasee!, I think, on the 2d 
or 3d of February. 

Senator Jexxer. You never learned why he was released? 

Mr. WiExcKowsKi. No ; I never learned that. 

Senator Jexxer, Until today? 



12 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. WiExcKowsKi. Until today, that was under the Ninth Proviso. 
Senator Jenner. Your superiors or somebody down there would 
know why he was released. Somebody would have to know. 
Mr. WiENCKOWSKi. Somebody would have to know. 
Senator Jenxer. You did not make any inquiries ? 

Mr. WiENCKOWSKI. No. 

Senator Jenner. Your curiosity was not sufficiently aroused to 
find out why they let a man like that in ? 

Mr. WiEXCKOWsKi. Frankly, I was burned up about the thing, be- 
cause it put me in a bad light in view of the fact that I had contacted 
certain informants who had given information on this individual, and 
which I have to contact on subsequent investigations, and I am con- 
fronted with this fact that here they gave me information that was 
sufficient to exclude him. 

Senator Jenner. Did you not go to anybody and make a complaint 
about that and. ask why this had been done? 

Mr. WiENCKOWSKI. To whom could I make the complaint? 

Senator Jenner. Would not your superior, for example, the chief of 
your section, have some knowledge of the situation, that a man you said 
should not enter had been permitted to come in? Would he not have 
knowledge of that ? 

Mr. WiENCKOWSKI. We have had cases back in the office over a 
period of years like the Browder case where I think they released 
Browder's wife who had been a meinber of the Communist JParty and 
she was admitted to the United States and I think there were sufficient 
grounds to exclude her, and yet we are not in a position to question the 
administration on why these people are admitted. 

Senator Jenner. In other words, does not anybody have knowledge 
in your office who gave the authority to let this person in ? 

Mr. WiENCKOWSKI. Somebody higher up may have. 

Senator Jenner. In your office. 

Mr. WiENCKOWSKI. Possibly the district director may have that in- 
formation. It was not available to me. You see, that is just one out of 
30 or 40 cases we have to handle, and those things are happening all 
the time. When I came back I had just gotten through with the bar 
examination and I had other matters which had to be expedited. 

Of course my personal feelings cannot enter into this thing. All 
I am told to do is get the facts and I get the facts. And of course 
this thing turns up, what can I do ? 

Mr. Arens. There are other cases of this character ? 

Mr. WiENCKOWSKI. On the Browder case we have had several depor- 
tation cases where we proved membership in the Communist Party. 
The thing is dragged out. It is a terrific thing to develop witnesses. 
First, you have to develop informants. The only people we can use 
on these proceedings are former members of the Communist Party 
who can testify that these persons were present. When we get these 
informants we have to get them to testify. They do not gain anything 
by testifying for the Government. The party beats their families up, 
they threaten them if they testify. We have had this problem ever 
since we have been conducting these investigations. It is easy enough 
to get the information but it is difficult to get people to testify. 

Mr. Arens. To what extent are the Communists admitted into this 
country under the Ninth Proviso? 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 13 

Senator O'Conor. In regard to that particular bit of information 
as to Kutylowski's participation in the meeting with the United States 
officials, I did understand you to say before it had to do with regard 
to the penetration into anti-Communist organizations. 

Mr. WiENCKOwsKi. Yes. You see, the directives had been sent 
through by the Polish intelligence to the Military Mission, Military 
Attache in Washington, to penetrate these anti-Communist organiza- 
tions and seize control of them and utilize them for the purpose of ex- 
ploiting the Communist Government. That was Kutylowski's job, 
apparently, in this thing, in furtherance of this directive. 

Senator O'Conor. But all of course for the benefit of the Coimiiunist 
Government ? 

Mr. WiENCKOwsKi. That is it. 

Senator O'Conor. Do j^ou recall the names of the anti-Communist 
organizations ? 

Mr. WiENCKOWSKi. Well, it was the Polish National Alliance. I 
have gotten away from these anti-Communist organizations. I have 
to refresh my recollection. I think the Polish Union. There are 
several organizations of that particular type. They are Americans, 
they are anti-Communist, and in order for the Communists to be able 
to exploit these organizations for their benefit, they have to seize con- 
trol of them. 

Mr. Arens. Did you do any investigating of Communist aliens who 
come in here as affiliates of international organizations or as affiliates 
of Communist embassies? 

Mr. WiEXCKowsKi. No ; because these people are admitted here un- 
der a diplomatic status. 

Senator Jenner. The same applies to the United Nations ? 

Mr. WiEisrcKOWSKi. That is true. 

Mr. Arens. Under the McCarran Act there is a change in that, is 
there not ? 

Mr. WiENCKOWSKi. Well, I haven't had occasion to investigate any 
of the people who have been admitted as diplomats. 

Mr. Arens. Since the passage of the McCarran Act, which provides 
for the deportation of any Communist, irrespective of his diplomatic 
status, who is here in jeopardy of public safety, have you had occasion 
to investigate a single alien Communist in diplomatic or semidiplo- 
matic status? 

Mr. WiENCKOwsKi. No; I haven't. 

Mr. Arens. Has anyone in the Immigration Service, to your knowl- 
edge? 

Mr. WiENCKOwsKi. Not to my knowledge. I will strike that answer 
out, or I will clarify it in this manner. 

We had an occasion where the niece of the Polish representative 
to the United Nations. Katz-Sufchy, and her name is spelled K-a-t-z 
S-u-f-c-h-y N-e-n-z-i-k; she had left the United States. She was 
an illegally admitted alien, and I think she attended some conference. 
She left without a reentry permit, and she knew she would not be 
readmitted. When she came back she was in the position of an 
accredited representative to the United Nations. That is one instance 
I know of. 

Mr. Arens. To your knowledge, has there been excluded from the 
United States under any law, McCarran Act or any other law, any 
person who arrived with a diplomatic visa ? 

87415—51 3 



14 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. WiENCKOwsKi. It is the function of the Boarding Division, 

Mr. Arens. Do you know of any ? 

Mr. WiENCKOwsKi. I do not know of any. 

Mr. Arens. Do you know of any individual who has ever been 
excluded from the United States, either before or after the passage 
of the McCarran Act, who arrived with a 3 (1) visa as an affiliate 
or associate of a consulate or embassy, or 3 (7) visa as an affiliate,, 
associate, or invitee of the United Nations? 

Mr. WiENCKOwsKi. No ; I do not. 

Mr. Arens. The McCarran Act provides for the exclusion from 
the United States and for the deportation from the United States, 
of aliens who are coming here to engage in activities dangerous tO' 
the public safety ; is that not true ? 

Mr. WiENCKowsKi. I miderstand that is true. 

Mr. Arens. You are familiar with the McCarran Act, are you not?' 

Mr. WIENCKOWSKI. Yes. 

Sfjt n* '«' fl" "!• T* t" 

Mr. Arens. Do you have any information respecting the Communist 
activities of aliens in the United States who are here in diplomatic or 
semidiplomatic status ? 

Mr. Wienckowski. Well, Stanczyc ^ 

Mr. Arens. What is his full name 

Mr. Wienckowski. I haven't got that. All I have is his last name, 

Mr, Arens. Tell us about the case. 

Mr. Wienckowski. Stanczyc had been active in the propaganda 
field and penetration of the Polish organizations. I do not know of 
any activity as far as espionage is concerned, but most of the objectives 
of the accredited representatives are penetration, propaganda. That 
seems to be their strongest weapon and seems to be their greatest ob- 
jective at the present time. 

Mr. Arens. But you and your unit are precluded by some policy 
from investigating alien Communists in the United States who have 
come into the United States with a visa for admission as an affiliate of 
a consulate or embassy or as an affiliate of an international organiza- 
tion ; is that true ? 

Mr. Wienckowski. I would say that we have not been doing it. 
Whether we are precluded or not, I don't know, because I haven't 
had occasion to conduct investigation of a United Nations representa- 
tive. I haven't had any cases on that. If I have a case I continue 
with that. 

Mr. Arens. Do you know whether anybody in your unit has cases 
involving aliens in those categories? 

Mr. Wienckowski. I do not know, because, as a rule, we do not 
discuss with another investigator the type of cases we are handling. 
Due to the limited number of investigators that we have on this type of 
work we specialize in certain fields. 

Mr. Arens. How many investigators do you have in this type of 
work ? 

Mr. Wienckowski. I think we have about 30. We started off with 
the grand sum of 5 investigators in 1947 and then, of course, we in- 
creased the staff to about 12. Then I think sliortly — well, I wouldn't 
say shortly — after a period of time, they reduced the staff doAvn to 5 
p,-,^! <i o>i increased the staff to the present number, 30. It is quite 

> Jan Stanczyc. 



SUBVERSIVE AND ILLEGAL ALIENS EST UNITED STATES 15 

difficult to train them. In order to be able to do this type of work, you 
have to train the man, you have to teach him about the principles of 
the Communist Party, their methods, the type of people that are mem- 
bers of the party that you have to contact. It is an awful lot of work 
developing informants. It is one of the things where people don't 
come forward and say, "We have information on somebody." We 
have to go out and dig them up. That is the problem we are facing. 

Mr. Arens. Do you have information, irrespective of how you 
obtain it, respecting the extent to which the Communist Party in the 
United States is controlled and directed by aliens who are sent here 
with diplomatic or semidiplomatic immmiity ? 

Mr, WiENCKOWSKi. No ; I do not have any positive information. It 
is merely hearsay that they do send their agents periodically, that 
they are controlled through the various embassies. They operate out 
of the various embassies of the iron-curtain countries. 

Mr. Arens. Do you have any information as to what extent they 
operate out of international organizations in the United States? 

Mr. WiENCKOWSKI. No. 

Mr. Arens. Is there anything else you would like to express to the 
subcommittee whether it is germane to what I have been asking you 
about or not on this general area or anything else you feel would 
be of interest to the subcommittee? 

Mr. WiENCKOWSKI. I don't think there is anything at the present 
moment that I can think of. 

Senator O'Conor. We appreciate very much indeed your coopera- 
tion. 

Mr. WiENCKOWSKI, Thank you, Mr. Chairman. 

Senator O'Conor. The subcommittee will now recess until 10 o'clock 
tomorrow morning. 

(At 5:40 p. m. the subcommittee recessed until 10 a. m. Friday, 
April 13, 1951.) 



SUBVEESIYE AND ILLEGAL ALIENS IN THE 
UNITED STATES 



FBIDAY, APRIL 13, 1951 

Subcommittee To Investigate the 
Administration of the Internal Security 

Act and Other Internal, Security Laws 

OF the Committee on the Judiciary, 

New York Gity^ N.. T. 

The subcommittee met at 10 a. m., pursuant to recess, in room 28U4, 
United States courthouse. New York, N. Y., Hon. Herbert R. O'Conor 
presiding. 

Present : Senator O'Conor. 

Present also : Richard Arens, director of the subcommittee ; Frank 
W. Schroeder, professional staff member; Donald D. Connors, Jr., 
Mitchel M. Carter, and Edward E. Duffy, investigators. 

STATEMENT OF C. HAROLD PENNINGTON, CHIEF, INVESTIGATIONS 
SECTION, IMMIGRATION AND NATURALIZATION SERVICE— 
Resumed 



Senator O'Conor. The hearing will come to order. 

Mr. Pennington, you have been sworn and it is unnecessary to swear 
you again; we will just consider the oath outstanding. 

Just for the record, Mr. Pennington, will you give your full name 
again, please? 

Mr. Pennington. C. Harold Pennington. 

Senator O'Conor. ^our position? 

Mr. Pennington. Chief of Investigations, Immigration and Nat- 
uralization Service, New York. 

Senator O'Conor. For what period of time, Mr. Pennington, have 
you been connected with the Service? 

Mr. Pennington. Connected with the Service since October 1930. 

Senator O'Conor. How long have you occupied your present post ? 

Mr. Pennington. I came to New York on detail in October 19J:8, 
and was officially transferred in January 1949. 

Senator O'Conor. All right, Mr. Arens, will you proceed? 

Mr. Arens. AVhen we concluded yesterday or suspended yesterday 
we were in the process of discussing the Kutylowski case. I under- 
stand you have the file with you this morning. Is Mr. Kutylowski now 
in the United States ? 

Mr. Pennington. Yes, sir. 

Mr. Arens. When did he last arrive in the United States ? 



Mr. Pennington. He came at Idlewild December 23, 1950. 



17 



18 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Arens. That was since the passage of the Internal Security- 
Act? 

Mr, Pennington, That is correct. 

Mr, Arens. Was he exckided from admission in the first instance 
by the Immigration and Naturalization Service ? 

Mr, Pennington, He was held under what is known as rule 175 
under which an inspector has the authority to refuse admission with- 
out a Board hearing, 

Mr, Arens, To what type of cases does rule 175 apply ? 

Mr, Pennington. Subversive cases. 

Mr, Arens, Was Mr, Kutylowski so excluded ? 

Mr. Pennington. That is right. 

Mr, Arens, But he was subsequently admitted into the country, and 
how was he admitted ? 

Mr, Pennington, He appealed his case to Washington and it went 
to the Board of Immigration Appeals who on February 1, 1951, 
ordered the alien Roman Kutylowski be admitted into the United 
States under the ninth proviso to section 3 of the Immigration Act 
of 1917 for a temporary period to August 1, 1951, notwithstanding 
his inadmissibility as one who has been, is, or may be a member of 
any one of the classes of aliens enumerated in section 1 (2) of the act 
of October 16, 1918, as amended, subject to revocation at any time in 
the discretion of the Attorney General. 

Mr, Arens, Now that act of October 1918, as amended, is part of the 
Internal Security Act ? 

Mr, Pennington, The Internal Security Act amended the act of 
1918, 

Senator O'Conor, I believe I noticed from the memorandum of 
yesterday that that order was made at the instance of the Department 
of State, 

Mr. Pennington. That is correct. 

Mr. Arens. Wliat was the representation made by the Department 
of State? 

Mr. Pennington. If I may quote from the discussion of the Board 
of Immigration Appeals, paragraph 2 : 

Confidential information has been received from intelligence agencies which 
places this individual within the provisions of section 1 (2) of the act of Octo- 
ber 16, 1918, as amended. However, the Secretary of State in a communication 
dated January i29, 1951, advises that the Department of State considers the 
temporary admission of the applicant to be highly desirable in the national 
interest from the standpoint of the conduct of our foreign relations and requests 
that the Attorney General exercise his discretionary authority for the temporary 
admission of the applicant under the ninth proviso to section 3 of the Immi- 
gration Act of February 5, 1917. 

Mr. Arens. May I summarize this situation, and you correct me if 
this summary is in error in any respect. 

Mr. Kutylowski was excluded under the Internal Security Act by 
the Immigration and NatuT-alization Service in the first instance as 
a subversive; is that correct? 

Mr. Pennington. Thnt is correct. 

Mr. Arens. Thereafter, upon the representation of the State De- 
partment, Mr. Kutylowski 's admission into the United States was in 
the public interest or in the interest 

Mr. Penningtcn. Of international relations. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 19 

Mr. Arens. He was admitted into the United States under the ninth 
proviso ; is that correct ? 

Mr. Pennington. That is correct. 

Mr. Arens. Now do you have information as to who it was in the 
State Department who made that representation ? 

Mr. Pennington. The Board of Immigration's discussion of Febru- 
ary 1, 1951, indicates they have a letter from the Secretary of State 
dated January 29, 1951. That letter, however, does not appear in the 
New York file and would probably be found in the Department file. 

Mr. Arens. Now who in the State Department would be the individ- 
ual who would pass upon this type of case to make the representation 
to the Justice Department ? 

Mr. Pennington. That I can't answer. I assume that the corre- 
spondence would be signed by either the Secretary or the Under Secre- 
tary, I can only assume that, however. 

Mr. Arens. Yes ; but I was interrogating you with reference to the 
practice, as to who would normally make that decision on behalf of 
the Secretary. 

Mr. Pennington. I have no contact with them at any time, so I don't 
know who makes that. 

Mr. Arens. Now do you have information respecting the activities 
of Mr. Kutylowski in the United States since his admission under the 
ninth proviso? 

Mr. Pennington. No. 

Senator O'Conor. Is there any effort being made to either keep him 
under surveillance or to ascertain what he is doing ? 

Mr. Pennington. Not by the Immigration Service. I understand 
there is, however, by the FBI. That is what I have been told. 

Mr, Arens. You have information, do you not, however, respecting 
the activities of Mr. Kutylowski in the United States prior to the time 
that he was last admitted into this country ? 

Mr, Pennington, Yes, sir. 

Mr. Arens. When was he last in the United States prior to the 
time when he was admitted, this last time ? 

Mr. Pennington. The departure report shows that he left the 
United States September 24, 1950. 

Mr, Arens. And he had been in here for some considerable period 
of time prior to the time that he departed ? 

Mr, Pennington, That is right, 

Mr, Arens, And he is now in the country ? 

Mr. Pennington. He is now in the country, 

Mr. Arens. What was the nature of his activity while he was in 
the country before he departed on his previous trip ? 

Mr. Pennington. There is a complete investigation here that was 
made by Investigator Wienckowski at the time he was being held on 
Ellis Island that indicates the entire activity. I have not read the 
report of the investigation. However, Mr. Wienckowski has told 
me some of the things in his investigation. 

Mr. Arens. You are Mr. Wienckowski's immediate supervisor? 

Mr. Pennington. Well, there are two supervisors between him 
and me, 

Mr. Arens. You are the over-all chief of the unit in which Mr. 
Wienckowski works? 

Mr. Pennington. That is right. 



20 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Arens. Wliat is it that Mr. Wienckowski told you from tlie 
standpoint of the activities of Mr. Kutylowski when he was in the 
United States on his previous trips ? 

Mr. Pennington. He told me that Mr. Kutylowski had called meet- 
ings at his home which, I believe Mr. Wienckowski stated, he had 
conclusively proved were called for the purpose of carrying out Com- 
munist mandates from the Polish Government. 

Mr. Arens. Do you have the names of the individuals who attended 
those meetings? 

Mr. Pennington. I don't have them at the moment. 

Mr. Arens. Mr. Pennington, is the unit which investigates sub- 
versives. Communists, within the over-all Investigation Section of 
which you are Chief ? 

Mr. Pennington. Yes. I have an assistant chief in charge of that 
group that pays particular attention to the cases. 

Mr. Arens. On the basis of your experience as Chief of the Investi- 
gations Section of the New York District Office, what is your appraisal 
of the extent to which the Comintern uses its consulates and embassies 
and international organizations in the United States as conduits for 
the penetration of this country by Communist agents ? 

Mr. Pennington. As far as we have run across, I would say it is 
almost exclusively used for that purpose. 

Mr. Arens. Would you elaborate on what you mean by that ? 

Mr. Pennington, The thing that I mean, I don't have proof 
of that, everybody in a foreign embassy that is Communist carries 
on activities subversive to the United States. However, in each case 
we have had for investigation — during the past 2 years we have had 
several — in each instance there have been connections between the 
embassies, the consulates, and the persons that we were investigating. 

Mr. Arens. How about the international organizations operating 
in this country? 

Mr. Pennington. Do you have any specifically in mind? 

Mr, Arens. Take as an illustration the United Nations, 

Mr. Pennington. We have never been able to prove anything in 
that line in connection with the United Nations. 

Mr. Arens. How about World Tourist? 
. Mr. Pennington. No, we have not run across that. 

Mr, Arens. Amtorg? 

Mr. Pennington. Amtorg, I believe we have had a couple of in- 
stances. However, I can't cite the instances. Probably Mr. Avery, the 
assistant, would know more about those angles. 

Mr. Arens. As a matter of fact, you have never deported from this 
country under the immigration laws applicable to subversives any 
alien in 3 (1) or 3 (7) status, have you ? 

Mr. Pennington. No, sir. 

Mr. Arens, And 3(1) or 3 (7) status, from the standpoint of clear- 
ing the record, is the status accorded to a person in diplomatic or semi- 
diplomatic position? 

Mr, Pennington. That is right. 

Mr. Arens. 3 ( 1 ) being the status accorded to a person who is an 
affiliate of a consulate or embassy and 3 (7), generally speaking, is a 
person affiliated with a national organization? 

Mr. Pennington. That is right. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 21 

Mr. Arens. Do J'ou as a matter of policy conduct investigations on 
jour own initiative of aliens in diplomatic or semidiplomatic status ? 

Mr. Penxington; We never conduct an investigation of aliens in 
that category without first clearing with the State Department. 

Mr. Arens. How many cases has the State Department given you 
to investigate or cleared for you to investigate in the 3 (1) or 3 (7) 
status ? 

Mr. Pennington. There have been quite a few, but they have been 
persons who were generally admitted as servants, as 3 (l)'s, in other 
words, persons generally not important, 

Mr. Arens. To your knowledge, has there ever been in the history of 
the country excluded from the United States under the subversive 
statutes any alien who presented a visa as a 3 (1) or 3 (7) ? 
Mr. Pennington. Not to my knowledge. 

Mr. Arens. And you are Chief of the Investigations Section of the 
New York district office? 

Mr. Pennington. I have no contact, however, with the actual ad- 
mission of aliens. That is in a different section. 

Mr. Arens. But you are chief of the section of the New York office 
that deals with subversives ? 

Mr. Pennington. We deal with the investigation of subversives, of 
aliens who are in the United States or who are being held after apply- 
ing for admission. The actual interrogating of the persons applying 
for admission to the United States is under what it known as the 
Boarding Division of which Mr. Gibney is now the acting chief. 

Mr. Arens. Upon the basis of your experience do you have any 
observations to make with respect to the extent to which the Commu- 
nist apparatus in the United States is und^r the direction and control 
of persons who are in this country in diplomatic or semidiplomatic 
status ? 

Mr, Pennington. I don't know as I have that directly, no. 
Mr. Arens. And under the immigration law^ there is no numerical 
limitation on the number of aliens who can be sent to this country in 
diplomatic or semidiplomatic status ? 
Mr. Pennington, That is true, 

Mr, Arens. Do you know how many aliens have been sent to this 
country in the course of the last 10 years in diplomatic or semidiplo- 
matic status ? 

Mr. Pennington. I have no way of knowing that, no. They come 
in from all ports. The only place that would be available is in Wash- 
ington, I believe. 

* « H: 4: * * * 

Mr. Arens. Is there any other problem you want to discuss or men- 
tion to the subcommittee ? 

Mr. Pennington, I would like to continue off the record on this 
thing, 

Mr. Arens, Certainly, 

(Discussion off the record.) 

Mr. Arens. Are there any other problems you want to discuss with 
us? 

Mr. Pennington. No, sir, 

Mr, Arens. We appreciate very much your being here today and 
cooperating with the subcommittee, 

87415—51 4 



22 SUBVERSIVE AND ILLEGAL ALIENS EST UNITED STATES 

Mr. Pennington. There is one thing Mr. Mackey wanted me to 
bring up in relation to this Kutylowski file, that he wanted it under- 
stood by the committee it is the policy of the Immigration Service to- 
cooperate with the State Department, whenever they make such a re- 
quest as they did in that particular case. 

Mr. Arens. What do you mean by "cooperation"? Do you mean 
they acquiesce in any request the State Department makes for the 
exercise of the ninth proviso when you are undertaking to exclude 
subversive aliens? 

Mr. Pennington. He didn't specify excepting that I understood he 
meant when the State Department told the Department of Justice that 
something in international policy required the Department of Justice 
go along with them, they would do so. At least, they did in the Kuty- 
lowski case. 

Mr. Arens. Let us explore that just a minute. 

If the Justice Department under the law catches an alien at the port 
of entry who is excludable from this country on the grounds of secur- 
ity and the State Department requests the Justice Department ta 
exercise the discretionary relief provided for in the ninth proviso,, 
are you saying that the Justice Department will acquiesce ? 

Mr. Pennington. As a general rule. 

Mr. Arens. Do you know of any case in which it has not acquiesced ? 

Mr. Pennington. No, sir ; I do not. 

Mr. Arens. Then it is not a general rule, it is a practice ? 

Mr. Pennington. Well, I say it is a general rule, because they are 
the words Mr. Mackey told me. He says, "As a general rule ,we do." 

Mr. Arens. Do you know of any case in which the Immigration 
Service has held up a subversive alien at the port of entry, in which 
case the State Department has requested the Immigration Service to 
let him in and the Immigration Service has not complied with the 
request ? 

Mr. Pennington. No, sir ; I do not personally know of any. I 
should like to point out one thing in connection with that, however. 

It is almost mandatory that the Department of Justice cooperate^ 
because if we find a man excludable when he is appearing with a 3 
(2) visa, the State Department feels that it is sufficiently important 
that he come in, they can turn around and issue him a 3 (1) visa and 
we cannot hold him. 

Mr. Arens. They cannot issue him a 3 ( 1 ) visa unless he is a bona 
fide representative or affiliate of a foreign government? 

Mr. Pennington. That is what the law says. 

Mr. Arens. So you say the State Department would turn around 
and issue him a 3 (1) visa, even though he is not a 3 (1) ? 

Mr. Pennington. I didn't say they would; I said they could. 

Mr. Arens. Is that the reason why the Immigration Service uni- 
formly complies with the State Department to admit in this country 
subversive aliens ? 

Mr. Pennington. I don't know that is the reason. 

Mr. Arens. But you say if the Immigration Service does not comply 
with the request of the State Department, to admit subversive aliens 
in this country, that the State Department would then turn around 
and issue a diplomatic visa to them. 

Mr. Pennington. I can't say "would." 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 23 

Mr. Arens. Does the Immigration Service feel it is a threat to it by 
the State Department if it does not comply with the request? 

Mr. Pennington. May I speak off the record ? 

Mr. Arens. I would like to have what you want to say on the record 
on this point, because I think personally it is very significant. 

Mr. Pennington. Do you want hearsay on this record ? 

Mr. Arens. You have expressed here, Mr. Pennington, as an official 
of the Immigration Service, a policy view. I feel that it is pertinent 
to this inquiry to explore that to the utmost. 

Mr. Pennington. I should like to make it clear at this time that 
any information I am giving you is not anything that I have first 
hand, either from the Department of Justice in Washington, or from 
the State Department. 

Mr. Arens. You read into the record or quoted in the record a policy 
statement, did you not, from the Acting Chief of the Immigration 
Service.^ 

Mr. Pennington. I believe my statement a while ago was that if 
we did not admit a person who is coming in as a 3 (2) 

Mr. Arens. That is as a visitor ? 

Mr. Pennington. As a visitor ; or if he was coming as a permanent 
resident or anything else, that the State Department could give him 
a 3 ( 1 ) visa. I do not know of any instance in which they have done 
it. I cannot cite an instance. 

Mr. Arens. And you cannot cite any instance in which the Immi- 
gration Service has turned down a request of the State Department 
to let into the country an alien who has been held up as a subversive ; 
is that correct ? 

Mr. Pennington. I do not personally know of one ; no. 

Mr. Arens. And you are Chief of the Investigations Section of the 
New York office ? 

Mr. Pennington. That is right. 

Mr. Arens. Thank you very much, Mr. Pennington. 

4: « * « * 4: * 

TESTIMONY OF GERHARD ILGNER, INVESTIGATOR, IMMIGRATION 
AND NATURALIZATION SERVICE 

Mr. Arens. Would you kindly identify yourself by name and occu- 
pation ? 

Mr. Ilgner. My name is Gerhard Ilgner, investigator, United States 
Immigration and Naturalization Service. 

Mr. Arens. You were sworn this morning? 

Mr. Ilgner. Yes, sir. 

Mr. Arens. Mr. Ilgner, you are appearing in response to a subpena, 
wliich was served upon you? 

Mr. Ilgner. Yes, sir. 

Mr. Arens. Have you been under any direction or admonition with 
respect to testimony from any persons ? 

Mr. Ilgner. No, sir. 

Mr. Arens. You feel yourself a free agent to talk without restraint 
before this committee? 

Mr. Ilgner. Yes, sir. 

* Mr. Mackey was confirmed by the Senate as Commissioner on April 18, 1951. 



24 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Arens. How long liave you been employed in the Immigration 
and Naturalization Service and in what capacity ? 

Mr. Ilgner. I joined the Service in June of 1936 as a border patrol 
inspector. In April 1941, I was transferred to the New York district 
as an immigrant inspector. I believe about 4 years ago I was made an 
investigator. 

Mr. Arens. What is the nature of the work that you perform ? In 
what unit of the Investigation Section do you function ? 

Mr. Ilgner. I believe it is called the Legality Status. I interview 
practically all of the people that come to the Investigations Section 
for information and determination of status. We often send out a 
certain number of letters, every day, persons residing in the United 
States illegally, that we feel we can close the case quickly without 
outside investigation. 

«^ Sp 9|S ^ ^ S|S ^fi 

Mr. Arens. "Wliat information do you have respecting the problem 
of aliens in 3 (1) or 3 (7) status? 

Mr. Ilgner. Well, there we don't have very much control. My 
suggestion there would be to have an officer of the Immigration Service 
having complete control over all entries under 3 (1) and under 3 (7) 
in the United States. 

Mr. Arens. To your knowledge, has an alien ever been excluded 
from a port of entry in the United States as a subversive if he pre- 
sented a diplomatic passport? 

Mr. Ilgner. That wouldn't come under my jurisdiction. I wouldn't 
know. 

Mr. Arens. Do you have any problems you want to discuss with 
the subcommittee, on the basis of your experience, to enlighten the 
subcommittee or to recommend to the subcommittee ? 

Mr. Ilgner. While you are on the United Nations there, for in- 
stance, there is a unit of the Swedish Eed Cross that came to the United 
States, I believe it was the 1st of September. 

They were admitted as visitors, for 60 days. We in Investigations 
started receiving files that these people were overstays around the 1st 
of January. When the files came to me I got in touch with Mr. Ben- 
der, of the United Nations. 

Mr. Arens. Who is he ? 

Mr. Ilgner. He is the head of the United States mission, I believe, 
to the United Nations Organization. I asked him about this particu- 
lar group. He said he didn't know ; he had heard of them, but would 
inake an investigation and would call me, which he did. 

He said that those people in that particular group were destined to 
the United Nations Organization. They remained there for 3 days 
and then were sent to the military in Washington, that any informa- 
tion regarding disposition there would have to come through the 
Military Section in Washington. 

Now, we did find out that they did leave for Korea from San Fran- 
cisco, but we have been trying to get a list of the people to check back 
with our records to determine whether or not they all left. 

Now that is 5 months that those people could have been roaming the 
country and nobody knew where they were or who they were. There 
are possibly a hundred. Who knows how many of those people, of 
this hundred, were subversive? We don't know. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 25 

Mr. Arens. Is there anything else you want to comment on, to the 
subcommittee, Mr. Ilgner? 

Mr. Ilgner. Well, we have a large coast line here. Take Long 
Island. We have a border patrol here. I think it would be a good 
idea to check on some of these boats that come up from Cuba, or 
possibly make connections with some boat from Cuba. They are 
moored out there in th« sound ; they are never inspected. They are 
not supposed to be inspected, because they don't touch a foreign port. 
They could make connections 100 miles out in the ocean. Lord knows 
who they could pick up there and discharge on the shore. 

Mr. Arens. Do you do any free-lance investigating? 

Mr. Ilgner. I have been assigned to the office for 4 or 5 years. 

Mr. Arens. Is there anything else that you want to discuss with the. 
committee ? 

Mr. Ilgner. Well, we have a lot of Cubans, we have a lot of Negroes, 
here. I think that we should have investigators with special knowl- 
edge of Puerto Rico, for instance. You interrogate a Cuban, the first 
thing you know, he is a Puerto Eican, and he is a citizen of the United 
States. I believe if we had some investigators from Puerto Rico that 
knew Puerto Rico, they would be able to break down these Cubans. 
In my opinion, they are a bad element. It is the same with the Negro 
population. 



SUBYEESIVE AND ILLEGAL ALIENS IN THE 
UNITED STATES 



THUBSDAY, MAY 3, 1951 

United States Senate, 
Subcommittee To In>^stigate the Administration of 

THE IniIIRNAL SECURITY AcT AND OtHER INTERNAL SECURITY 

Laws, of the Committee on the Judiciary, 

Washington, D. C . 

The subcommittee met at 10 a. m., pursuant to recess, in room 424, 
Senate Office Building, Senator Herbert R, O'Conor presiding. 

Present : Senator O'Conor. 

Also present: Richard Arens, staff director; Frank W. Schroeder, 
professional staff member ; Edward R. Duffy, and Donald D. Connors, 
Jr., investigators. 

Senator O'Conor. The subcommittee will be in order. 

I will ask you gentlemen, if you will be sworn, please, together. 

In the presence of Almighty God. do you solemnly swear that the 
testimony you will give in this hearing will be the truth, the whole 
truth, and nothing but the truth, so help you God % 

Mr. Diana. I do. 

Mr. Wiggins. I do. 

Senator O'Conor. Will you be good enough to give your names? 

Mr. Dl\na. My name is Stanley A. Diana, Chief of the Detention, 
Deportation, and Parole Section of the Immigration and Naturaliza- 
tion Service. I have been in the Service for 31 years, and for the 
period during the war I was in charge of alien enemy paroles, and 
since the end of hostilities I have been put in charge of the Deten- 
tions and Deportations, and Parole. 

Senator O'Conor. And yours, please? 

Mr. Wiggins. My name is W. W. Wiggins, Chief of the Investiga- 
tion Section, Central Office, Immigration and Naturalization Service. 
I have been in the Immigration and Naturalization Service 29 years, 
and I have been Chief of the Investigations Section approximately 3 
years. 

Mr. Arens. Mr. Chairman, the purpose of this inquiry is to explore 
with the witnesses who are present today the administration and oper- 
ation of section 23 of the Internal Security Act of 1950, which relates 
to the apprehension and deportation of subversive aliens. 



27 



28 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

TESTIMONY OF WILFRED W. WIGGINS, CHIEF, INVESTIGATIONS 
SECTION, ENFORCEMENT DIVISION, UNITED STATES IMMIGRA- 
TION AND NATURALIZATION SERVICE 

(The witness was previously sworn by Senator O'Conor as follows :) 

Senator O'Conor. In the presence of Almighty God do you solemnly swear that 
the evidence you will give in this proceeding will be the truth, the whole truth, 
and nothing but the truth ; so help you God? 

Mr. W^iGGiNS. I do. 

Mr. Arens. Now, Mr. Wiggins, you have previously been sworn? 

Mr. Wiggins. Yes, sir. 

Mr. Arens. Would you kindly identify yourself by position in the 
Immigration Service? 

Mr. Wiggins. I am Chief of the Investigations Section, Enforce- 
ment Division, Immigration and Naturalization Service. 

Mr. Arens. How long have you been so engaged ? 

Mr. Wiggins. Since approximately July 1948, when the Investi- 
gations Section was started in the central office. 

Mr. Arens. What was your assignment prior to the time you be- 
came Chief of the Investigations Section? 

Mr. Wiggins. Part of that time I was an operations adviser, part 
of that time I was Chief Supervisor of Naturalization, and prior to 
coming to the central office I was 18 years in the field in various 
offices, divisional director, naturalization examiner, and so forth. 

Mr. Arens. Will you kindly give us just a resume of the structure 
and organization of your section? 

Mr. Wiggins. In our section in the central office I have an assist- 
ant and 10 investigators. We have our section broken into three 
units. One unit is the Antisubversive Unit. One unit is the Intel- 
ligence Unit, and the other unit is the Smuggling Unit. 

Mr. Arens. How many men are employed in each of these three 
units or how many individuals are employed ? 

Mr. Wiggins. I have four investigators and two employees whose 
titles are examiners in the Subversive Unit. 

Mr. Arens. What is the function of the Subversive Unit ? 

Mr. Wiggins. The Subversive Unit supervises all the investiga- 
tions looking toward the deportation of aliens under the act of Octo- 
ber 16, 1918, as' amended, and the cancellation of the naturalization 
of aliens on subversive grounds; the liaison with the various intel- 
ligence agencies in Washington and the transmission to the field of 
all intelligence information relating to subversives received. 

W^ also supervise the issuance of warrants in subversive cases and 
supervise the hearings in subversive cases, supply the necessary expert 
witnesses, etc. 

Mr. Arens. Now your work in the Antisubversive Unit of your sec- 
tion is what might be regarded as supervisory over the work in the 
field in the various district offices; is that not true? 

Mr. Wiggins. That is true. 

Mr. Arens. Your investigators do not get out in the field to actually 
do investigations? 

^'^r Wtggtns. Occasionally they do. Occasionally they go out in 
the field in the more important subversive cases' and present the cases 
to the hearing examiners. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 29 

Mr. Arexs. The thought occurred to me that four men in an Anti- 
subversive Section to cover the United States is a very small number of 
men. 

Mr. Wiggins. That is true ; they do not actually conduct the investi- 
gations in the field. 

Mr. Arens. They are more supervisoiy investigators; is that right? 

Mr. Wiggins. That is right. 

Mr. Arens. Now let us, if you please, Mr. Wiggins, confine our ob- 
servations, until directed into other channels, to the Subversive Unit. 
What is the set-up in the district offices which would be comparable to 
the set-up in your Investigation Section? 

Mr. Wiggins. In the larger offices where we have enough investiga- 
tors to have such units we have investigators who devote their time 
exclusively to the investigation of subversives looking toward the de- 
portation of subversive aliens or the cancellation of naturalization of 
subversive aliens. 

Mr. Arens. Does your unit concern itself with the exclusion of sub- 
versive aliens or only the deportation of subversive aliens? 

Mr. Wiggins We also concern oui'selves with the exclusion of sub- 
versive aliens under section 5 which j)rovides 

Mr. Arens. That would be section 22 of the Internal Security Act ? 

Mr. Wiggins. Section 22, yes, of the Internal Security Act. 

Mr. Arens. Which, among other things, amends section 5 of the 
act of October 16, 1918? 

Mr. Wiggins. That is risht. 



*to^ 



Mr. Arens. How many persons have been excluded as subversives 
who arrived at the port of entry since the Internal Security Act in 
the diplomatic or semidiplomatic status, namely, the 3(1) or 3 (7) 
status? 

Mr. AYiggins. I don't recall any that were actually in the 3 (1) or 
3 (7) status that were permanently excluded. 

Mr. Arens. How do you account for that ? 

Mr. Wiggins. Well, generally speaking, we have to find that they 
fall within a certain class in order to be excludable. If they are in the 
3 (1) 'or 3 (7) status — in other words, merely being members of a 
proscribed organization, they are exempted from exclusion by being 
in the 3 (1) or 3 (7) class. 

Mr. Arens. In other words, a 3 (1) or 3 (7) has to be found to be 
coming here to jeopardize the public safety or security beyond such 
membership? 

Mr. Wiggins. That is right. 

Mr. Arens. Am I to understand that you have not excluded any of 
those? 

Mr. Wiggins. I would say we have not. 

Mr. Arens. How many of them have been given the ninth proviso ? 

Mr. Wiggins. I don't have those figures on how many of that class 
have been granted the ninth proviso. That really does not come under 
my jurisdiction, the actual grant of the ninth proviso. We could 
submit that. 

Mr. Arens. I wish you Avould do so. 

Mr. Wiggins. You want how many in the 3(1) and the 3 (7) classes 
have been granted the ninth proviso? 

87415—51 5 



30 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Arens. Yes. Is it a practice of the Immigration Service to 
exercise the ninth proviso on behalf of any alien concerning whom 
the State Department makes representations that the admission of the 
alien into the United States is in the public interest ? 

Mr. Wiggins. I would say, generally speaking, yes. For example, 
we have people coming, say, to the United Nations who are not en- 
titled to the 3 (1) or the 3 (7) status. Generally speaking, unless we 
have information which would lead us to a contrary decision we do 
grant ninth proviso on representation of the State Department that 
it is in the country's national interest. 

Mr. Arens. Do you know any case in which the State Department 
has requested the exercise of the ninth proviso in which the Immi- 
gration and Naturalization Service or the Department of Justice has 
not granted the ninth proviso ? 

Mr. Wiggins. 1 am not prepared to answer that question. It seems 
to me there were one or two but I would not want to answer that with- 
out checking. 

Mr. Arens. The ninth proviso, of course, is that provision of the 
law which permits the Attorney General to admit in the country an 
alien who is otherwise temporarily excludable ? 

Mr. Wiggins. Temporarily, yes. Maybe I can clear it up a little. 
You ask how many under 3 (1) or 3 (7) classes have been granted 
the ninth j)roviso. ' I think I am pretty safe in saying none because 
we can't grant the ninth proviso on the ground it would make a 3 (1) 
or 3 (7) excludable. 

Mr. Arens. You just do not find them excludable ? 

Mr. Wiggins. That is right. We would not admit them if we found 
them excludable under 3 (1) or 3 (7). They are not excludable if 
they are in the 3 (1) or 3 (7) classes. 

******* 

Mr. Arens. Are you permitted under your procedures to investigate 
looking toward deportation an alien wiio is affiliated with an inter- 
national organization or with a consulate or embassy without first 
procuring clearance from the State Department for that inves- 
tigation? 

"Mr. Wiggins. I would say "Yes," we are permitted to make our in- 
vestigation if he violated status or made himself subject to deportation. 

Mr. Arens. Are you permitted to institute deportation proceedings 
against such an alien without first procuring clearance from the De- 
partment of State ? 

Mr. Wiggins. We are, yes ; under the Internal Security Act ? 

Mr. Arens. You were not prior to the Internal Security Act ? 

Mr. Wiggins. We were not prior to the Internal Security Act. In 
other words, if a person, for example, had a 3 (1) status and the status 
terminated, we were not permitted to deport if the State Department 
requested we do not deport. Now he is deportable under the 1918 
act. We do not have to have the State Department's permission. 

Mr. Arens. Do you procure that permission as a matter of admin- 
istrative practice irrespective of what you may be required to do as 
far as the law is concerned ? 

Mr. Wiggins. We would of course notify the State Department 
we were conducting such investigation, but we don't make any formal 
request for permission. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 31 

Mr. Arens, Now, have you deported any aliens from the United 
States since the passage of the Internal Security Act in the diplo- 
matic or semidiplomatic status? 

Mr. Wiggins. I think not. 

Mr. Arens. Why have you not ? 

Mr. Wiggins. We haven't found any subject to deportation. 

Mr. Arens. "Wliat efforts have you made to ascertain whether or 
not any of them are subject to deportation? 

Mr. Wiggins. Are you speaking now of those who are still in the 
diplomatic status or those whose diplomatic status may have ceased? 

Mr. Arens. Let us speak first of all of those who are here in the 
diplomatic status. Under the Internal Security Act for the first time 
you are empowered to deport from the country irrespective of the 
views of the Department of State aliens in the diplomatic or semi- 
diplomatic status if their presence in this country jeopardizes public 
safety, are you not? 

Mr. Wiggins. That is right. 

Mr. Arens. Now what efforts have you made to put that provision 
of the law into operation? 

Mr. Wiggins. I would say that we have not received any informa- 
tion that any such persons would fall in the classes making them 
deportable. 

Mr. Arens. Have you read the hearings on S. 1832 which went 
into the area of the subversive activities in the United States which 
are conducted, directed, and controlled by aliens in this country in 
diplomatic or semidiplomatic status? 

Mr. Wiggins. Yes. 

Mr. Arens. You say you have not received any information re- 
specting subversive activities of aliens in this country in diplomatic or 
semidiplomatic status. What have you done to develop that infor- 
mation ? 

Mr. Wiggins. Well, we are now reviewing all of the cases where 
aliens were formerly in diplomatic status. 

Mr. Arens. You are speaking of aliens who were formerly in diplo- 
matic status but who are not in diplomatic status now; is that right? 

Mr. Wiggins. That is right. 

Mr. Arens. Wliat are you doing to develop the facts with respect 
to certain subversive activities in this country of aliens who are here 
at the present time in diplomatic status? 

Mr. Wiggins. We are making no particular effort to investigate 
those. Ordinarily information would come from the Federal Bureau 
of Investigation on that type of case. If we got any investigation, 
we w^ould investigate. 

Mr. Arens. How many aliens are in the United States at the present 
time in diplomatic, semidiplomatic status, 3(l)s, 3(7)s, or affiliates of 
international organizations ? 

Mr. Wiggins. I don't have that information. 

Mr. Arens. It would be many thousands, would it not? 

Mr. Wiggins. I would say "Yes." 

Mr. Arens. What representation has the Immigration Service 
made to the Federal Bureau of Investigation looking toward the pro- 
curement of information respecting the subversive activities in the 
United States of aliens who are here in diplomatic or semidiplomatic 
status? 



32 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Wiggins. We have, of course, a very close liaison with the 
Federal Bureau of Investigation, and any information which they 
receive or obtain in connection with any subversive aliens or natu- 
ralized citizens, the Department would send us. 

Mr. Arens. Why is it you would initiate cases against other sub- 
versives and handle them yourselves in the Immigration Service but 
do not do it in the case of aliens in diplomatic or semidiplomatic 
status ? 

Mr. Wiggins. I don't think there is any distinction there. If in- 
formation came from our own sources on anyone in the diplomatic 
or semidiplomatic status, we would make the investigation. 

Mr. Arens. You are Chief of this Division which has within it the 
unit on subversives in the United States, alien subversives ? 

Mr. Wiggins. Yes, sir. 

Mr. Arens. Do you have any doubt in your mind on the basis of your 
experience and background and information that the Communist con- 
spiracy in the United States is directed, controlled, and inspired 
principally by aliens in the United States who are here in diplomatic or 
semidiplomatic status? 

Mr. Wiggins. I am not sure that I understand what you mean by 
that question. 

Mr. Arens. Let us start over again, then. The Communist con- 
spiracy in the United States is a foreign-controlled conspiracy; is it 
not? 

Mr. Wiggins. Yes, sir. 

Mr. Arens. The Communist apparatus in the United States is 
directed and controlled from Moscow ; is it not ? 

Mr. Wiggins. Yes, sir. 

Mr. Arens. You are speaking now on the basis of your information 
and experience as Chief of this unit of the Immigration Service. Upon 
the basis of your information and experience, to what extent is there a 
tie-up between the Communist apparatus in the United States and the 
aliens in consulates, embassies, legations, and international organiza- 
tions who enjoy diplomatic or semidiplomatic immunity? 

Mr. Wiggins. I don't have any doubt in my mind that they receive 
their instructions, those in the United States, receive their instructions 
through those sources. 

Mr. Arens. Do you have any doubt in your mind but what the 
espionage in the United States is directed and controlled through 
aliens in consulates, embassies, and international organizations? 

Mr. Wiggins. I believe that is true ; yes. 

Mr. Arens. Do you have any doubt that the channeling of informa- 
tion back to the Kremlin is under the supervision and direction of 
aliens in this country in consulates, embassies, and international 
organizations who enjoy diplomatic immunity? 

Mr. Wiggins. I think that is true, too. 

Mr. Arens. Do you have any doubt in your mind on the basis of your 
experience and background and information 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 organ- 
izations in the United States? 

Mr. Wiggins. No ; I don't have any doubt in my mind on that. 



SUBVERSIVE AXD ILLEGAL ALIENS IN UNITED STATES 33 

Mr. Arens. Am I clear in interpreting from what you say that you 
feel the direction and control of the Communist apparatus in the 
United States is centered in aliens in the consulates and embassies and 
international organizations in the United States who enjoy diplomatic 
immunity ? 

Mr. Wiggins. Yes ; I believe I can say that. 

Mr. Arens. Now for the first time in the history of this country the 
Internal Security Act provides for the exclusion from the United 
States and for the deportation from the United States of aliens, irre- 
spective of their diplomatic status, if they are found to be engaged in 
activities detrimental to the public safety. Is that not true 'i 

Mr. Wiggins. That is true ; yes. 

Mr. Arens. This Internal Security Act does not provide for the 
'exclusion or deportation of aliens in diplomatic status who are merely 
members of the Communist Party ? 

Mr. Wiggins. That is true. 

Mr. Arens. Or who engage in legitimate activities in the United 
States as representatives of their government ; is that not true ? 

Mr. Wiggins. That is true. 

Mr. Arens. But under the provisions of the Internal Security Act 
if an alien arrives in the United States or is in the United States in 
diplomatic or semidiplomatic status and in addition to membership in 
the Communist Party, engages in activities which are detrimental to 
the public safety of this country, such as espionage, sabotage, and the 
]ike, he is subject to deportation, is he not? 

Mr. Wiggins. Yes, sir ; if that could be proved. 

Mr. Arens. Now I should like to know what efforts have been made 
or are being made or are proposed to be made to exclude from the 
United States aliens coming here in diplomatic or semidiplomatic 
status to engage in subversive activities, and to depoit those aliens 
who are here in the United States in diplomatic or semidiplomatic 
status who are engaging in subversive activities. 

Mr. Wiggins. Well, I could answer that generally in the first place. 
It is extremely difficult to prove that a person in diplomatic status 
is engaged in activities that would bring him within the deportable 
clauses under the act of October 16, 1918, as amended. 

Mr. Arens. AVhat efforts have you made to undertake to prove any 
of the cases ? "Wliat efforts have you made to cause investigations to 
be instituted to ascertain what the facts are on aliens in 3 (1) or 3 (7) 
status ? 

Mr. Wiggins. I wouldn't say we have made any specific effort as to 
those in the 3 (1) or 3 (7) status. 

Mr. Arens. That is the heart of the problem of your Communist 
conspiracy in the United States, in your judgment, is it not? 

Mr. Wiggins. Well, I can say that because of the immunities that 
people in the 3 (1) or 3 (7) status do enjoy it would be very easy for 
them to receive and transmit instructions to Moscow. 

Mr. Arens. Have you not previously testified to the effect — and 
do not let me put words in your mouth, but correct me if I am wrong — 
have you not previously testified to the effect that the Communist 
apparatus in the United States is controlled and directed by aliens 



34 SUBVERSIVE AND ILLEGAL ALIEN'S IN UNITED STATES 

who are in tlie consulates and embassies and international organiza- 
tions? 

Mr. Wiggins. I said it was my opinion it was ; yes. 

Mr. Arens. And you are Chief of the Division that concerns itself 
with this matter from the stand^Doint of the Immigration Service ; is 
that not true? 

Mr. Wiggins. Yes, sir, 

Mr. Arens. And if these aliens in the consulates and embassies 
and international organizations are doing what you say it is your 
judgment they are doing, then they are under the Internal Security 
Act deportable, are they not? 

Mr. Wiggins. Well, certainly they are deportable if we can prove 
they are engaged in activities which bring them within those classes. 

Mr, Arens. Do you think they are doing those things which make 
them deportable under the Internal Security Act ? 

Mr, Wiggins, Well, as I said before, it is my personal belief that 
the Communist Party of the United States does receive instructions 
through such sources, 

Mr. Arens. Do you also believe that it is under the discipline and 
control of men sent here in diplomatic status or semidiplomatic status 
attached to consulates and embassies or international organizations? 

Mr. Wiggins. I could say yes, it is my personal belief. 

Mr. Arens. This then brings us back to the fundamental question. 
What are we going to do about it ? The act provides they can be ex- 
cluded or deported. Apparently thus far we have not done much 
about it. Is that right? 

Mr, Wiggins. I would say that is true; yes, sir, we have not de-. 
ported any of them; nor have we had any evidence that we could 
procure to show that they were deportable. 

Mr. Arens. What investigations have been instituted to ascertain 
the facts which would substantiate your belief that the aliens in the 
consulates and embassies and international organizations are deport- 
able because of the direction and control which they are maintaining 
over the Communist apparatus in the United States ? 

Mr. Wiggins. There again it would be extremely difficult to prove 
that because of the diplomatic immunity such persons have, 

Mr. Arens. The diplomatic immunity such person has does not go 
to their deportability if they engage in activities that are subversive. 
Nobody has diplomatic immunity to engage in such activities under 
the law, 

Mr. Wiggins. No, sir ; that is true, if it can be proved. We would 
have to prove that. 

Mr, Arens, Let us get back again to the principal question. What 
is being done to ascertain wha,t the facts are, looking toward depor- 
tation of those aliens in the United States in diplomatic or semidiplo- 
matic status who are abusing the privilege of that status to engage in 
subversive activities ? 

Mr. Wiggins. Well, we have made some investigation of persons 
who were accredited to the United Nations, and in some cases, a few 
cases, we have brought these to the attention of the State Department. 

Mr. Arens, You are not obliged to do that under the Internal Se- 
. curity Act, are you ? 

Mr. Wiggins. No ; but it is, generally speaking, because we didn't 
have actually admissible evidence to prove the facts that we believed. 



SUBVERSrV'E AND ILLEGAL ALIENS IN UNITED STATES 35 

And the ones that we have had particularly under investigation were 
persons that had come to the United Nations as correspondents, and 
so forth, not entitled to 3 (7) or 3 (1) status. We have made rep- 
resentation on some of those, that their accreditation to the United 
Nations should be terminated. 

Mr. Arens. On how many of those have you made representations? 

Mr. Wiggins. Offhand I would say probably about four or five that 
we brought to the specific attention of the State Department. 

Mr. Arens. Wliat happened to those cases ? 

Mr. Wiggins. On some of them their accreditation was not renewed 
by the United Nations. 

iNIr. Arens. But you have not made representation on anyone in 
3 (7) or 3 (1) status, have you? 

Mr. Wiggins. Actually in the 3 (1) or 3 (7) status; no, sir. 

Mr. Arens. The only ones you made representations on would be 
those in the minor category such as a radio correspondent or press 
correspondent ? 

My. Wiggins. Those that were not actually representatives of their 
Government in the 3 (1) or 3 (7) status. 

Mr. Arens. What have you done under the Internal Security Act 
to put this provision into effect which provides for the deportation of 
aliens, irrespective of their diplomatic status, if they engage in sub- 
versive activities in the United States? 

Mr. Wiggins. About all I could say to that is that we haven't been 
able to get any information which would make any such persons de- 
portable to date. 

. Mr. Arens. What have you done to try to procure that informa- 
tion ? 

Mr. Wiggins. We have, of course, received information from all of 
our confidential informants on any class of alien that might be de- 
portable under the 1918 act. As I said before, we would ordinarily get 
such information from the Federal Bureau of Investigation. 

Mr. Arens. That is just sitting back and receiving information. 
What have you done to go out and try to develop information, actually 
investigate the cases? 

Mr. Wiggins. I would say we haven't done anything other than 
through our regular informants. 

Mr. Arens. Does it not occur to you that would be a pretty fertile 
field if this is the heart of the Communist conspiracy in the United 
States? 

Mr. Wiggins. It would be an extremely difficult thing to prove. 

Mr. Arens. How do you know until you have actually investigated 
to ascertain w^hat the facts are? 

Mr. Wiggins. There again I am a little doubtful as to just how we 
could proceed to make such an investigation of a diplomat, for in- 
stance, in the Russian consulate, who enjoys diplomatic immunity. 

Mr. Arens. His diplomatic immunity does not in any sense affect 
his deportability for subversive activities. 

Mr. Wiggins. No. 

Mr. Arens. And his diplomatic immunity does not in any sense 
entitle him to engage in subversive activities in this country ? 

Mr. Wiggins. No : it does not. 

Mr. Arens. So if he engages in subversive activities, he is de- 
portable ? 



36 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Wiggins. Yes. 

Mr. Arens. Have you read the hearings on S. 1832 in which there 
was considerable testimony and information supplied by the intelli- 
gence agencies of this Government respecting subversive activities in 
the United States of aliens here as diplomats or semidiplomats ? 

Mr. Wiggins. I can't say specifically that I have. 

Mr. Arens. Have you requested the Federal Bureau of Investiga- 
tion to make investigation of certain of these people ? 

Mr. Wiggins. Specifically no ; we have not. 

Mr. Arens. Have you requested the Central Intelligence Agency 
to give you information respecting their background before they arrive 
in the United States ? 

Mr. Wiggins. You mean diplomats? '". i 

Mr. Arens. People in diplomatic or semidiplomatic status. 

Mr. Wiggins. No ; I don't think we have. 

Mr. Arens. Are not those the best sources of information on what 
these people are and what they are doing ? 

Mr. Wiggins. Yes. We have an arrangement with CIA and the 
FBI, if they have any such information they will transmit it to us 
immediately. 

Mr. Arens. Now General Clark, when he was up here testifying 
some time ago on the hearings on S. 1832, stated at that time to the 
effect that they had 23 people under investigation in the United 
Nations. Wliat has been done wdth those cases ? 

Mr. Wiggins. I don't know to what 23 he was referring. 

Mr. Arens. Did you ever take the list of the aliens in the United 
States in diplomatic status — that list is available, is it not ? 

Mr. Wiggins. We could procure it from the State Department. 

Mr. Arens. Have you ever asked for it ? 

Mr. Wiggins. No ; not specifically. 

Mr. Arens. We have it and we will give you a copy of it. Would 
it not be a good idea to take that list of the aliens in the United States 
from behind the iron curtain in the consulates and embassies and in- 
ternational organizations and request CIA for information on their 
background and request the FBI for information on their activities 
in the United States to ascertain whether or not any one of the indi- 
viduals is deportable as one who is engaging in the direction and 
control of the espionage and sabotage work of the Communist Party 
in the United States ? 

Mr. Wiggins. On asking CIA for that background, if they were 
members of the Communist Party or something like that that would 
not make them deportable. 

Mr. Arens. That would not make them excludable if they came in 
as diplomats. 

Mr. Wiggins. It is their activity in the United States or if they 
entered the United States to pursue those activities. 

Mr. Arens. Let us take a particular case concerning which we ques- 
tioned the State Department. Take a typical case of a man reported 
by an intelligence agency as being the head of the Communist intelli- 
gence network in another country, a man who is engaged in sabotage 
work in another country, a man who is excluded from some other 
countries because of the fact he was a Communist spy, director of Com- 
munist activities, and he is then sent to this country ; would that not 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 37 

at least arouse your suspicions that he might be engaged in the same 
thing in the United States ? 

Mr. Wiggins. Yes; it would. 

Mr. Arens. Apparently your suspicions have not been aroused thus 
far on these that are here beyond the general observation that they are 
the heart of the Communist conspiracy in the United States ; is that 
not true? 

Mr. Wiggins. Well there again I wouldn't say that. Of course, I 
said it was my personal belief. 

Mr. Arens. On what do you base that belief that the aliens in the 
United States in diplomatic or semidiplomatic status are the heart of 
the Communist conspiracy in this country ? 

Mr. Wiggins. The general knowledge that the Communist Party of 
the United States receives their instructions from Moscow, and so 
forth, and that persons in the diplomatic status would be the logical 
persons to convey those instructions because of the diplomatic im- 
munity they enjoy. 

Mr, Arens, How long has this antisubversive unit cf the Immigra- 
tion Service been in operation ? 

Mr. Wiggins. Since approximately July or August 1948. 

Mr. Arens. Since that time you have not initiated any investigations 
of aliens in diplomatic or semidiplomatic status looking toward depor- 
tation as subversives? 

Mr. Wiggins. Yes ; we have initiated some investigations of persons 
in the 3 (7) status or persons that were accredited to the United 
Nations, but we have not been able to make any deportation cases 
against such persons. 

Mr. Arens. How manj^ cases have you instituted ? 

Mr. Wiggins. I couldn't say offhand. I would say several at least, 

Mr. Arens. As many as a dozen ? 

Mr. Wiggins. Probably about a dozen. 

Mr. Arens. What efforts have been made by your unit, by the Immi- 
gration Service, or by the Justice Department or by any agency of this 
Government to ascertain the facts respecting the activities in the Rus- 
sian Embassy in Washington where we are now to determine whether 
or not aliens in that Embassy are deportable as subversives under the 
Internal Security Act? 

Mr. Wiggins. As I said before, we have made no specific effort to 
determine those people actually in the Russian Embassy. Ordinarily 
such information as that, if there was any such information that they 
were threatening internal security, would come to us from the FBI. 

Mr. Arens. I take it you have received no information of that char- 
acter from the FBI ? 

Mr. Wiggins. I would say not. 

Mr. Arens. Have you requested the FBI to make an investigation ? 

Mr. Wiggins. Of the Russian Embassy ? 

Mr. Arens. Yes. 

Mr. Wiggins. No ; we haven't. 

Mr. Arens. Have you requested the FBI to make an investigation 
of the subversive activities of aliens in the consulates and embassies 
of other iron-curtain countries who are here in the United States for 
the purpose of instituting deportation proceedings under the Internal 
Security Act, if it is found that those aliens are engaged in activities 



38 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

beyond membership in the Communist Party, of a subversive nature ? 

Mr. Wiggins. I would say specifically we have not. 

Mr. Arens. Have you requested an investigation to be made of aliens 
in diplomatic status in the United Nations who are there from behind 
the iron curtain, to ascertain whether or not they are deportable be- 
cause of subversive activities in the United States, other than mere 
membership in the Communist Party? 

Mr. Wiggins. No, sir ; we have not requested any specific investiga- 
tion of the FBI. 

Mr. Arens. Who is it in the Justice Department or in the Immigra- 
tion Service who would be in a position to say, "We will do it, we will 
have an investigation to ascertain whether or not aliens in these cate- 
gories are engaging in subversive activities which would make them 
deportable under the Internal Security Act"? That question might 
be phrased a little bit differently. Do you have the power to direct 
such an investigation or is that of such nature that someone in the 
higher echelon of the Department of Justice would be obliged to cause 
that investigation to be' made? 

Mr. Wiggins. Well, I would say that would probably be someone 
in a higher position than me where we are going to request a specific 
investigation of people in the consulate, of a person actually in diplo- 
matic status in the consulate. 

Mr. Arens. How about in the United Nations ? 

Mr. Wiggins. You mean the 3 (7)'s? 

Mr. Arens. In the United Nations as 3 (7) . 

Mr. Wiggins. Well, I would say that would have to be cleared, too. 
We would have to have specific information on which to start our 
investigation. 

Mr. Arens. With whom would you have to clear that before you 
would cause an investigation to be made? 

Mr. Wiggins. Well, as a matter of courtesy we would clear it of 
course with the State Department. 

Mr. Arens. Of course, the law previously said you had to clear it 
with the State Department before you could institute an investigation 
of an alien in diplomatic or semidiplomatic status, did it not? 

Mr. Wiggins. Yes ; the law previously said we couldn't deport such 
a person without clearing with the State Department. 

Mr. Arens. The law now says that irrespective of an alien's activi- 
ties, irrespective of his status in the United States, you do not have to 
ask the State Department ? 

Mr. Wiggins. That is true. 

Mr. Arens. But you say as a matter of courtesy you would do so 
anyhow ? 

Mr. Wiggins. Yes. If we had any information that the person is in 
the 3 (1) or the 3 (7) status and was engaged in such activity, we 
would bring it to the attention of the State Department, too, of course. 

Mr. Arens. Who is the individual in this Government who is em- 
powered to say and to direct that investigation be made in this area 
which you have in effect described as the heart of the Communist 
conspiracy in the United States? 

Mr. Wiggins. I would imagine it would be the Attorney General ; if 
he would direct we would make a specific investigation of such 
matters. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 39 

Mr. Arens. As the Chief of this Division do you feel you would 
not be empowered to cause that type of investigation to be made with- 
out clearance with someone in the higher echelon of the Department? 

Mr. WiGGixs. I would say so, I would say yes. 

Mr. Arens. Is that why you have not caused any investigations to be 
made because you have not received any instructions from higher up 
to investigate aliens who may be deportable under this law, who are in 
the 3 (1) or 3 (7) status? 

Mr. Wiggins. No ; I wouldn't say that. I would say that we have 
had no, received no, specific information which would lead to such an 
investigation. 

Mr. Arexs. How do you square your feeling that your 3 (l)'s and 
3 (7) 's in the United States are the heart of the Communist conspiracy 
with the record of no investigations in that area ? 

Mr. Wiggins. As I said before, I don't know as I made the statement 
they were the heart of the Communist conspiracy. I think I did say 
there was no question in my mind that through such diplomatic 
sources the Communist Party received instructions. 

Mr. Arens. That is a link in the chain with Moscow, is it not ? 

Mr. Wiggins. I would say so, yes; but to actually prove under our 
present system overt acts that would bring such a person imder a 
deportation statute would be very difficult. 

Mr. Arens. How do you know if you have not investigated to 
ascertain what the facts are ? 

Mr. Wiggins. There again I don't know what type of investigation 
we would make. We wouldn't feel free to go and question someone 
in the Russian Embassy unless we had some concrete facts to base our 
investigation on. 

Mr. Arens. The FBI has informers in the party, has it not ? 

Mr. Wiggins. Yes. 

Mr. Arens. The Immigration Service has informers in the party, 
does it not? 

Mr. Wiggins. No, sir. 

Mr. Arens. It has persons who are in contact with informers in the 
party ; is that not true ? 

Mr. Wiggins. That is true, and we have persons who were formerly 
in the party. At the present time we do not have persons directly in 
the party. 

Mr. Arens. And we used it in the hearings on S. 1832 witnesses who 
are now and who have been informers for the Immigration Service 
on the activities of subversive agents ; is that not true ? 

Mr. Wiggins. I believe it is; yes. 

Mr. Arens. Now what inquiry have you made of those witnesses 
who testified before this committee respecting Communist activity of 
aliens in diplomatic or semidiplomatic status, to ascertain what the 
facts are? 

Mr. Wiggins. We made no specific efforts along that line. 

Mr. Arens. Let us take a recess for lunch and resume at 1 : 15. 

(Thereupon, at 12 : 30 p. m., a recess was taken until 1 : 15 p. m.) 



40 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

AFTERNOON SESSION 

TESTIMONY OF WILFRED W. WIGGINS— Resumed 

Mr. Arens. Mr. Wiggins, in order that the record may be clear on 
the provision of the Internal Security Act concerning which we are 
discussing, it is true, is it not, that under the Internal Security Act 
an alien with a diplomatic or semidiplomatic visa may be admitted 
into the United States if he is a Communist and if he does not engage 
in espionage, sabotage, or other subversive activity ? 

Mr. Wiggins. That is right. 

Mr. Arens. So long as he confines his activity in the United States 
to legitimate activities, he is in no jeopardy of deportability ; is that 
right? 

Mr. Wiggins. That is right, he is not deportable because of mere 
membership in the organization. He is not excludable because he is 
not deportable. 

Mr. Arens. Now how many aliens in the 3 (1) or the 3(7) category, 
that is, the diplomatic or semidiplomatic category, have been excluded 
as subversives prior to the enactment of the Internal Security Act? 

Mr. Wiggins. They were not excludable prior to the Internal Se- 
curity Act. The immigration laws did not apply to them. 

Mr. Arens. So prior to the enactment of the Internal Security Act, 
anybody who arrived at a port of entry with diplomatic or semidiplo- 
matic visa was admitted ipso facto without question ; is that not true ? 

Mr. Wiggins. He wasn't admitted without questioning; no. Of 
course he would be questioned to see that he actually did have the 
diplomatic status. 

Mr. Arens. I mean he was not excludable if he did have that status ; 
is that not true? 

Mr. Wiggins. That is right. 

Mr. Arens. And scores of thousands of aliens were admitted into 
the United States in that status ; is that not true ? 

Mr. Wiggins. Yes ; that is true. 

Mr. Arens. The testimony is that over a period there had been 
160,000 aliens admitted in that status who, if they acquired that status, 
were not excludable. 

. Mr. Wiggins. That is right. 

Mr. Arens. Now how many aliens have been excluded from the 
United States since the enactment of the Internal Security Act who 
arrived at a port of entry with a 3 (1) or 3 (7) visa in diplomatic 
status ? 

Mr. Wiggins. I don't know of any. 

Mr. Arens. How many have been deported from the United States 
who are here or who have been- here while maintaining 3 (1) or 3 (7) 
status ? 

Mr. Wiggins. There again I think the answer is "none." 

Mr. Arens. Now I would like to read you, if I may, the testimony 
of J. Edgar Hoover, Chief of the Federal Bureau of Investigation, 
given before the subcommittee of the Committee on Appropriations 
in June of 1950, with reference to diplomatic immunity : 

Experience has revealed that foreign espionage agents seek the protection of 

. legal cover. By that I mean they seek admittance in the United States on 

diplomatic passports. They seek assignment to some official foreign agency and 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 41 

thus conceal themselves under the diplomatic cloak of immunity. To further 
avert suspicion, a very 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. 

On the basis of your experience as Chief of the Investigations 
Section of the Immigration and Naturalization Service, is Mr. 
Hoover's appraisal of what the fact at least was as of June 1950 an 
accurate and correct appraisal ? 

Mr. Wiggins. I wouldn't question Mr. Hoover's statement. 

Mr. Arens. As of the time he gave that, which was a few months 
prior to the enactment of the Internal Security Act, any alien in diplo- 
matic status, 3 (1) or 3 (7) category, was not excludable from the 
United States ; is that true ? 

Mr. Wiggins. That is right. 

Mr. AiiENS. And he was not deportable from the United States; 
is that true? 

Mr. Wiggins. That is true, unless he violated his status. 

Mr. Arens. Unless he lost his status ? 

Mr. Wiggins. That is right. 

Mr. Arens. But under the Internal Security Act if the alien is 
either coming to the United States to engage in activities which will 
be prejudicial to the public interest or endanger the welfare or safety 
of the United States, he is excludable, is he not ? 

Mr. Wiggins. Yes, sir. 

Mr. Arens. If he does engage in any of those activities, he is 
deportable ? 

Mr. Wiggins. Yes, sir. 

Mr. Arens. Since the enactment of the Internal Security Act, not 
one alien has been excluded from the United States who presented a 
diplomatic passport and not one alien has been deported from the 
Uni/ted States in diplomatic status ; is that correct ? 

Mr. Wiggins. That is correct as far as I know. 

Mr. Arens. You are Chief of the Division; you would know, would 
you not? 

Mr. Wiggins. I will say "Yes" ; that is correct. 

Mr. Arens. Do you have information respecting the exercise of the 
ninth proviso on particular cases? Do you handle that type of work 
where an alien arrives here who would normally be excludable, not in 
a diplomatic status ? 

Mr. Wiggins. No, I do not. I don't handle that type of work other 
than 

Mr. Arens. Wlio handles that out there ? 

Mr. Wiggins. Probably Mr. Deveaney. Generally speaking, it 
would be Mr. Deveaney, Assistant Commissioner for Adjudications. 

Mr. Arens. How many aliens are there in the United States at the 
present time in diplomatic or semidiplomtic status? 

Mr. Wiggins. I don't know the exact number. 

Mr. Arens. What is your best judgment? It would fluctuate from 
month to month, I know, but what is your best judgment on the num- 
ber that are here right now ? 

Mr. Wiggins. I wouldn't even hazard a guess 

Mr. Arens. It would be many thousands, would it not ? 



42 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Wiggins. Because I don't have those statistics. We do receive 
notice from the State Department that those people are admitted in 
the diplomatic status. 

Mr. Arens. There are many thousands of people in the United 
States, are there not, at the present time in diplomatic or semidiplo- 
matic status ? 

Mr. Wiggins. From all countries? 

Mr. Arens. Yes, sir. 

Mr. Wiggins. I would say yes. 

Mr. Arens. Now if you had information that there is in the United 
States at the present time an alien who is an attache of a foreign gov- 
ernment, who was sent to the United States with instructions to or- 
ganize a military intelligence network in the United States, would you 
feel that that alien was a fit subject for investigation to ascertain 
whether or not he was deportable under the Internal Security Act? 

Mr. Wiggins. Yes, I would. 

Mr. Arens. If you had information that an employee of the United 
Nations, as reported from a reliable intelligence agency, is purported 
to be in contact with an agent, an intelligence agent of an iron curtain 
country, would you say that that individual would be a fit subject 
for investigation to ascertain whether or not he was deportable under 
the law? 

Mr. Wiggins. I would say yes, he would be a fit subject for investi- 
gation. 

Mr. Arens. If you had information that an official of an iron curtain 
country's legation supervises and controls all activities of the Com- 
munist Party among a certain national group, would you Say that 
individual is a fit subject for investigation to ascertain whether or not 
he was deportable? 

Mr. Wiggins. He is an employee? 

Mr. Arens. An official of an iron curtain country's legation serves 
as supervisor and controls all activities on behalf of the Communist 
Party among a nationality gi'oup, would you say that individual is a 
fit subject for investigation to ascertain whether or not he was deport- 
able? 

Mr. Wiggins. Is he an employee ? 

Mr. Arens. An official of an iron curtain country's legation, serves 
ias supervisor and controls all activities on behalf of the Communist 
Party among a nationality group. Would that individual be a fit 
subject for investigation to ascertain whether or not he was deportable 
under the law ? 

Mr. Wiggins. I would say yes, he would be a fit subject for investi- 
gation. 

Mr. Arens. May I suggest I was merely quoting from the testimony 
of the former Attorney General of the United States, Tom Clark, 
when he described typical cases existing in the United States at 
the present time. 

If you received information to the effect that an alien who was in 
the United States in diplomatic or semidiplomatic status was in the 
military counterintelligence organization of a foreign power, would 
you feel that tliat case should be investigated to ascertain whether or 
not the individual should be deported irrespective of his status? 

Mr. Wiggins. Yes, I think such a case should be investigated. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 43 

Mr. Akens. If you received information to the effect that there was 
an alien in the United States who in another country had been super- 
vising the placing of espionage agents in various installations, would 
your suspicions be aroused to such an extent as to cause an investiga- 
tion to be made as to whether or not that alien ought to be deported? 

Mr. Wiggins. The alien entered under a diplomatic status'^ 

Mr. Arens. Yes. 

Mr. Wiggins. He wouldn't be deportable for acts that he committed 
prior to his diplomatic status. 

Mr. Arens. I say, would your suspicions be aroused to such an ex- 
tent as to cause investigation to be made to ascertain whether or not 
he was deportable for activity within the United States? 

Mr. Wiggins. I would say yes. 

Mr. Arens. Now if you received information that a representative 
to the United Nations from an iron curtain country was in a session 
in New York City recently with Communists at which time he gave 
them instructions on methods of penetration into certain organiza- 
tions in the United States, and if that information come to you from 
a man that was in the meeting, would you say that there was sufficient 
cause there to institute an investigation to ascertain whether or not 
that representative to the United Nations from this iron curtain 
country should be deported under the Internal Security Act as en- 
gaging in activities prejudicial to the public interest, safety, or 
welfare ? 

Mr. Wiggins. I would say yes. 

Mr. Arens. If you had information from an intelligence agency 
of this Government that the Ambassador to the United States from 
a certain iron curtain country is in contact with Communist agents 
who are arranging and do arrange for his appearance among certain 
Communist groups in this country, would you consider that that case 
should be investigated to ascertain whether or not the alien is de- 
portable under the Internal Security Act? 

Mr. Wiggins. The person you are speaking about is an ambassador? 

Mr. Arens. Yes, sir. 

Mr. Wiggins. I don't know as I could answer that question in- 
volving a matter of policy. 

Mr. Arens. It involves a matter of law, does it not ? 

Mr. Wiggins. Well, the law, of course, says the provisions of sec- 
tion 1 (1) and 1 (3) shall be applicable to any alien within the 
purview of section 3 (1) of the Immigration Act of 1924, as amended, 
except as to ambassadors, public ministers, and so forth. 

Mr. Arens. In that one category the ambassador would be an 
exception? 

Mr. Wiggins. They would be subject to exclusion only under such 
rules and regulations as the President may think necessary. 

Mr. Arens. So I understand in that particular category he would 
not be deportable except in pursuance to these rules. Now has the 
President issued these rules and regulations as required by the De- 
portation Act, the higher echelon? 

Mr. Wiggins. No, sir. 

Mr. Arens. Has any attempt been made by anybody to procure 
White House cooperation in the promulgation of those rules and 
regulations ? 

Mr. Wiggins. I wouldn't be able to answer that question. 



44 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Arens. You know they have not been issued ? 

Mr. WiGOiNS. They haven't been issued, to my knowledge. 

Mr. Arens. You would know it ? 

Mr. Wiggins. I would know it if they had. 

Mr. Areit s. Are you familiar with the Gubitchev case? 

Mr. Wiggins. Yes ; I am somewhat familiar with it. 

Mr. Arens. What was Gubitchev's status ? 

Mr. Wiggins. I don't have enough familiarity with it to testify. 

Mr. Arens. He was in diplomatic status, was he not? 

Mr. Wiggins. My recollection was that he was at one time in diplo- 
matic status, but he wasn't at the time he departed from the country. 

Mr. Arens. Have you read the Canadian atom-bomb spy report? 

Mr. Wiggins. Yes ; I have read parts of it. 

Mr. Arens. Are you familiar with the fact that the key link in the 
Canadian espionage ring was right in the consulate of New York 
City? 

Mr. Wiggins. I don't laiow as I have enough familiarity to answer 
that question. 

Mr. Arens. Do you have in your possession or has there been turned 
over to you as Chief of this Investigations Section of the Immigra- 
tion Service the list which the Canadian Government submitted to this 
Government of agents in the United States of the Communist Party 
who cooperated in the Canadian spy ring ? 

Mr. Wiggins. I am not sure whether we have that or not. 

Mr. Arens. You know that the Canadian Government did deliver 
to this Government a list of persons in the United States who are in 
that Canadian ring, do you not ? 

Mr. Wiggins. Yes, sir. 

Mr. Arens. Wlieri was that turned over ? 

Mr. Wiggins. I don't know the exact date. 

Mr. Arens. That list has never been made public, has it ? 

Mr. Wiggins. I don't believe so. I wouldn't state positively we 
have it. I would have to check. 

Mr. Arens. Have you ever seen the list ? 

Mr. Wiggins. No, sir. 

Mr. Arens. But you know it has been turned over ? 

Mr. Wiggins. I understood it has, but I am not positive. 

Mr. Arens. In any event, you have not made any investigation of 
those persons involved in this list, have you, or caused an investiga- 
tion to be made ? 

Mr. Wiggins. I couldn't answer that without knowing the names 
of the persons on the list. I would have to check that with the office, 

Mr. Arens. You have not had a list before you of people in the 
United States who were involved in the network which operated in 
Canada to procure the atom-bomb secrets; is that right? 

Mr. Wiggins. I don't want to testify positively on that until I 
check. 

Mr. Arens. Now these people were working through the Russian 
Embassy right here in Washington, were they not, in this atom bomb 
spy ring ? 

Mr. Wiggins. That was my understanding ; yes. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 45 

Mr. Arens. What investigation has been made to ascertain whether 
or not those persons in the Russian Embassy, who were working on 
this atom-bomb spy ring, are subject to deportation from the United 
States under the Internal Security Act as aliens whose activities are 
prejudicial to the public interest or endanger the welfare or safety 
of the United States ? 

Mr. Wiggins. I don't know as I can answer that without checking 
our records as to whether we have had access to such a list or informa- 
tion or whether we made a specific check yet. 

Mr. Arens. You have no independent recollection of any investiga- 
tion of that character, as I take it ? 

Mr. Wiggins. No. 

Mr. Arens. What is your backlog of investigations right now, of 
all characters, of all kinds ? 

Mr. Wiggins. As of the end of March we had 42,510. 

INlr. Arens. That is all types of cases ? 

Mr. Wiggins. That is all types of cases pending. 

Mr. Arens. That would include even naturalization cases, would 
it not? 

Mr. Wiggins. That would include all types of investigations. 

Mr. Arens. Does the Service engage in any free lance investigating 
as distinguished from investigations of record entry cases? 

Mr. Wiggins. I would say at the present time very little. 

Mr. Arens. Virtually none, is it not ? 

Mr. Wiggins. It is virtually none. What you mean by free-lance 
investigation is going out and looking for aliens illegally in the United 
States, and so forth. We haven't had the personnel. Our personnel 
has been entirely occupied with the cases that come in to us. 

I would like to make just one little statement here to clear up the 
record. 

Mr. Arens. Certainly, go right ahead. 

Mr. Wiggins. Whether my testimony would indicate that I posi- 
tively know that there are persons in diplomatic or : midiplomatic 
or 3 (7) status who are subject to deportation and we have made no 
effort to ascertain what evidence can be procured that such people are 
deportable, I do want to state that we are putting two investigators 
on the task of analyzing and going through committee reports and 
congressional reports to ascertain what information we can get from 
them that would justify initiating such investigations. Up to this 
time we just have not had the force to thoroughly undertake that task. 
We are immediately putting two investigators full time on that task- 
Mr. Arens. Let me make a suggestion to vou just for what it is 
worth and see what you think about it. • Would it not be a good 
idea if you take the list of all aliens in the United States from be- 
hind the iron curtain in diplomatic or semidiplomatic status, both 
in the consulates and in the embassies and in tlie international organ- 
izations and trade missions such as Amtorg, World Tourist, and the 
like, and request the Central Intelligence Agency to give you informa- 
tion on their background, and request the FBI to give you informa- 
tion respecting their present activities in the United States? Has 
anybody ever done that ? 



46 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Wiggins. We have not taken any such specific groups and re- 
quested the FBI or CIA to give us information on such persons as 
groups unless any information has come to us that such persons may 
be subject to deportation. We do have arrangements, as I have stated 
before, that any such information coming to the attentiton of the 
intelligence agencies such as the Central Intelligence Agency or the 
FBI, is transmitted to us promptly. 

I would say this further, that any subversive investigation before 
we undertake any investigation, we do clear with the FBI to make 
sure that we will not interfere with any pending investigation that 
they may have. 

Mr. Arens. It would only take about 5 minutes to dictate a letter 
to the State Department requesting them to give you the informa- 
tion on the 3 (l)sor3 (7)s who have been admitted into the United 
States in the course of the last year or so, would it not ? 

Mr. Wiggins. We could get that, yes, very easily. 

Mr. Arens. Do you have contact with the Biographical Section 
of the State Department which has the background ? 

Mr. Wiggins. Yes, sir. We have a close liaison with the State De- 
partment, Biographical , Section, Security Section, Visa Section. 
We have one man who spends practically all of his time in liaison 
work with all intelligence agencies. 



SUBVEESIYE AND ILLEGAL ALIENS IN THE 
UNITED STATES 



TUESDAY, MAY 29, 1951 

United States Senate, 
Subcommittee To Investigate the 
Administration of the Internal Security 

Act and Other Internal Security Laws 

OF THE Committee on the Judiciary, 

Washington^ D. C. 

The subcommittee met at 10 : 30 a. m., pursuant to call, in room 424, 
Senate Office Building, Hon. Homer Ferguson presiding. 

Present : Senator Ferguson. 

Also present : Richard Arens, director of the subcommittee ; Frank 
W. Schroeder, professional staff member; Edward R. Duffy, 
investigator. 

Senator Ferguson. The subcommittee will come to order, 

Mr. Arens. Senator, may I respectfully suggest that all of the 
gentlemen present at the present time be sworn and that we proceed 
with the interrogation and that each witness identify himself, and 
then we can let the individual who has the information answer the 
question. ' ^ *^| 

Senator Ferguson. I think that would be the best way to proceed. 

Will you all stand and raise your right hands, please? Do you 
solemnly swear that in the matter now pending before this committee 
you will tell the truth, the whole truth, and nothing but the truth, so 
help you God? 

Mr. Arens. For the purpose of the record would each of you kindly 
identify yourselves and indicate your titles? 

Mr. L'Heureux. I do. My name is H. J. L'Heureux, and I am 
Chief, Visa Division. 

Mr. Reinhardt. I do. My name is Fred Reinhardt, Director, 
Eastern European Affairs. 

Mr. Vedeler. I do. My name is Harold C. Vedeler, Officer in 
Charge of Polish, Balkan, and Czechoslovakian Affairs. 

Mr. AiLSHiE. I do. My name is William K. Ailshie, special assistant 
to the Director, Office of Security and Consular Affairs. 

Mr. ICerry. I do. My name is Richard J. Kerry, administrative 
attorney, Division of International Administration of the Bureau of 
United Nations Affairs. 

47 



48 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Nicholson. I do. Donald Nicholson, Chief, Division of Secu- 
rity, Department of State. 

Mr. Alexander. I do. Robert C. Alexander, Assistant Chief, Visa 
Division. 

TESTIMONY OF H. J. L'HEUREUX, CHIEF, VISA DIVISION; FRED 
REINHARDT, DIRECTOR, EASTERN EUROPEAN AFFAIRS; HAR- 
OLD C. VEDELER, OFFICER IN CHARGE OF POLISH, BALKAN, AND 
CZECHOSLOVAKIAN AFFAIRS; WILLIAM K. AILSHIE, SPECIAL 
ASSISTANT TO THE DIRECTOR, OFFICE OF SECURITY AND 
CONSULAR AFFAIRS; RICHARD J. KERRY, ADMINISTRATIVE 
ATTORNEY, DIVISION OF INTERNATIONAL ADMINISTRATION 
OF THE BUREAU OF UNITED NATIONS AFFAIRS; DONALD 
NICHOLSON, CHIEF, DIVISION OF SECURITY, DEPARTMENT OF 
STATE; AND ROBERT C. ALEXANDER, ASSISTANT CHIEF, VISA 
DIVISION 

Senator Ferguson. You may proceed, Mr. Arens. 

Mr. Arens. If the chairman please, there are a series of questions 
and items concerning which it is proposed that the gentlemen present 
be interrogated, and I suggest that after a question is asked each or 
any of you who may have information on the question first identify 
yourself for the record so that the record will reflect who is speaking, 
and then proceed with your testimony. 

The first question I should like to propound is this : How many visas 
have been issued in the course of the last year to aliens in the 3(1) 
or 3 (7) category, the 3 (1) category being by way of explanation, 
aliens who apply as affiliates of foreign governments and the 3 (7) 
category being aliens who apply as affiliates of international organi- 
zations ? 

Senator Ferguson. What do you call an affiliate ? 

Mr. Arens. I would suggest that they explain that, Mr. Chairman. 

Mr. L'Heureux. It would be an accredited official to our Govern- 
ment here or to the United Nations and other international organiza- 
tions. 

Mr. Arens. Mr. L'Heureux is Chief of the Visa Division. 

Mr. L'Heureux. During fiscal year ended June 30, 1950, 663 visas 
were issued to citizens nationals of the Soviet Union and other satellite 
countries. 

Senator Ferguson. Do you have a breakdown on that ? 

Mr. L'Heureux. I have a breakdown. 

Senator Ferguson. Will you file it for the record ? 

Mr. L'Heureux, I will file the report.^ I have the two preceding 
years. 



1 The report which is found herein is the latest version, containing information on both 
3(l)'s and3(7)'s. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 49 

(The information follows:) 

Diplomatic and ofllcial 3 (1) and S (7) visas issued, fiscal years 1948 

through 1951 



Albania 

Bulgaria 

Czechoslovakia, 

Hungary 

Poland 

Rumania 

U. S. S. R 

Yugoslavia 



Total 

Other nationalities, 

Grand total. . 



Fiscal year 1948 



3(1) 



4 
99 
33 

146 
49 

230 
57 



618 
13,611 



14, 229 



3(7) 



3 

50 
3 

42 

2 

153 

43 



296 
2,887 



3,183 



Fiscal year 1949 



3(1) 



19 

86 
39 

120 
27 

203 



583 
12, 014 



12, 597 



3(7) 



1 

4 
50 

3 
42 

1 

167 

42 



310 

3,450 



3,760 



Fiscal year 1950 



3(1) 



2 

114 

29 

91 

10 

210 

207 



663 
11, 534 



12, 197 



3(7) 



4 

58 

2 

53 

1 

169 



383 
3,704 



4,087 



Fiscal year 1951, 

July 1950- 

March 1951 i 



3(1) 



31 
36 
69 
14 
149 
134 



433 
12, 082 



12, 515 



3(7) 



1 
39 

4 
51 

2 

175 

53 



325 
3,109 



3,434 



1 Figures cover period from July 1, 1950, through Mar. 31, 1951. Figures may not be complete— based on 
consular reports received in the Department of State through May 31, 1951. 

Mr. Arens. I see that your answer is confined to 3 (1) from behind 
the iron curtain ; is that correct ? 

Mr. L'Heureux. That is true. 

Mr. Arens. That is the area in which we are especially interested. 

Senator Fergusox. But he is talking about 1950. 

Mr. L'Heureux. We do not have the figures for this year yet 
because we haven't completed our year, but I could obtain them for 
you through March 31. The consuls report monthly. 

Senator Ferguson. Would you do that? 

Mr. L'Heureux. Yes. We will get our latest reports and supply 
the information to you, and I think they will be complete down to 
March 31.^ 

Mr. Arens. During the fiscal year 1950 visas were issued to 663 
aliens in the 3(1) category; is that correct? 

Mr. L'Heureux. Yes. 

Mr. Arens. Do you have the statistics on the number of visas issued 
to aliens in the 3(1) category in other years ? 

Mr. L'Heureux. I have them for the two preceding years, the fiscal 
years ending June 30, 1918, and June 30, 1949. For the year ending 
June 30, 1918, it was 618 visas that were issued in the 3 (1) category 
and for the subsequent year 583. 

Mr. Arens. Bv subsequent year you mean 1949 ? 

Mr. L'Heureux. Ending June 30, 1949. 

Mr. Arens. Now these visas concerning which we are now speaking 
were all issued to aliens coming from iron-curtain countries ? 

Mr. L'Heureux. That is correct. 



1 The report found on p. 51 contains all the information promised. 



50 SUBVERSIVE AND ILLEGAL ALIENS IN IJNITED STATES 

Mr. Arens. Do you have the information on the aggregate total 
number of 3 (1) visas which were issued irrespective of the country 
from which the alien was coming for these years ? 

Mr. L'Heureux. During the fiscal year ended June 30, 1948, the 
grand total was 14,229; during the fiscal year ended June 30, 1949, 
the grand total is 12,597 ; during the fiscal year ended June 30, 1950, 
the grand total is 12,197. I will furnish the committee with statistics 
regarding visas issued during the current year as far as we may 
liave them. 

Now, with reference to the visas issued to aliens or nationals of 
iron-curtain countries falling under section 3 (7) of the Immigration 
Act of 1924 

Mr. Arens. Would you kindly pause there, Mr. L'Heureux, to give 
a word of explanation as to what you mean by a 3 (7) category? 

Mr. L'Heureux. Category 3 (7) is a visa issued to a person com- 
ing to the United Nations or to other recognized international or- 
ganizations. During the fiscal year ended June 30, 1948, there 
were 296. I will first give those from the iron-curtain countries and 
then the grand totals. The fiscal year ended June 30, 1949, 310 ; fiscal 
year ended June 30, 1950, 383. The grand total, visas issued in the 
3 (7) category for the year ended June 30, 1948, 3,183; for the fiscal 
year ended June 30, 1949, 3,760; for the fiscal year ended June 30, 
1950, 4,087. Similarly I will furnish information regarding those 
issued during the current year. 

Mr. Arens. Then roughly speaking during the fiscal year 1950 there 
were approximately 1,000 visas issued to aliens from iron-curtain 
countries who received those visas because of their diplomatic or 
semidiplomatic status; is that correct? 

Mr. L'Heureux. That is correct. 

Mr. Arens. Do you have information respecting the number of 
aliens in the United States at the present time who gained admission 
into the United States as 3 (1) or 3 (7) ? 

Mr. L'Heureux. I do not have that information. 

Mr. Arens. Who would have that information? 

Mr. L'Heureux. Immigration would. Wliat about Protocol? We 
would have in the Department figures of those that are here that were 
duly accredited. 

Mr. AiLSHiE. Just to this Government. 

Mr. L'Heureux. We also get reports from the United Nations be- 
cause it is supposed to report to us when the alien departs, when 
he severs his connections. 

Mr. Kerrt. We could supply the total number of persons on 3 (7) 
visas here at this time. 

Mr. Arens. Could you also supply the number of persons with 
3(1) visas who are here at the present time? 

Mr. L'Heureux. My Division wouldn't have the figures, but I think 
the Division of Protocol in the Department of State would have those, 
and I shall attempt to obtain those. 

Mr. Arens. If you will procure those and submit them they will be 
incorporated in the record at this point. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 51 



(The information follows:) 



International Organization Aliens Resident in the United States 

2. Delegations of member states 
to UN (May 1951) : 
Poland 



1. UN Secretariat (Dec. 31, 

1950) 1. 7r;4 

2. Delegations of member states 

to UN (May 1951) : 

Afghanistan 

Argentina 

Australia 

Belgium 

Bolivia 

Brazil 

Canada 

Chile 

China — , 

Colombia 

Costa Rica 

Cuba 

Czechoslovakia 

Denmark 

Dominican Republic 

Ecuador 

Egypt 

France . — 

Greece 

Guatemala 

Haiti 

Honduras 

India 

Indonesia 

Iran 

Iraq 

Israel 

Lebanon-^ _ 

Mexico -! 

Netherlands 

New Zealand 

Nicaragua 

Norway 

Pakistan 

Panama 

Paraguay 

Peru 



5 

10 

4 

8 

4 

9 

5 

10 

23 

6 

1 

6 

3 

5 

5 

7 

10 

20 

5 

2 

3 

1 

4 

6 

10 
1 
4 
3 
3 
7 
2 
3 
5 
4 
3 
1 
5 
9 



3 
3 
3 
3 
3 
6 
3 



22 

17 

2 

7 

11 

75 

17 



25 



Saudi Arabia 

Sweden 

Syria 

Thailand 

Turkey 

Union of South Africa — 
Union of Soviet Socialist 

Republics 

United Kingdom 

Uruguay 

Venzuela 

Yugoslavia 

3. Pan American Sanitary Bu- 

reau (June 1, 1951) 

4. World Health Organization 

(June 1, 1951) 

5. Council of the Organization 

of American States (June 
1, 1951 ) 

6. Secretariat of the Organiza- 

tion of American States, 

PAU (June 1, 1951) 113 

7. Inter-American Defense 

Board : 
Secretariat ( J u ne 1, 

1951) 

Military (June 1, 1951 )_ 

8. Inter-American Statistical In- 

stitute (June 1, 1951) 

9. North American regional of- 

fice, FAO (June 4, 1951) — 

10. UN International Children's 

Emergency Fund (Mar. 31, 
1951) 

11. International Bank for Re- 

construction and Develop- 
ment (Apr. 30, 1951) 158 

12. International Monetary 
Fund (May 1, 1951) 



2 

22 



8 



33 



202 



Philippines 

1. The foregoing figures include only foreign-government representatives and 
international organization employees and do not include any members of their 
immediate families, or any other persons entitled to derivative 3(7) status. 

2. The figures give the number of aliens designated by governments as their 
representatives in or to various international organizations in the United States 
and the number of aliens employed by those international organizations in the 
United States. A certain number of these aliens do not, however, have 3 (7) 
■status. The figure of 1,774 UN Secretariat employees includes locally recruited 

employees and includes some aliens on immigration visas. Of the 75 Pan-Ameri- 
can Sanitary Bureau employees 73 are on 3 (7) visas. Of the eight aliens in the 
North American regional office of WHO, four are members of the staff's regional 
office and four are out of the Rome office on missions of indeterminate duration. 
Three of these e'mht aliens are here on immigration visas. Items .6, 10, 11, and 12 
also include a small number of persons on immigration visas. The figures on 
foreign representation do not include the Swiss, Italian, or Austrian observers 
of the UN. The figures do not include a variable number of aliens now approxi- 
mately 25, acting in a liaison capacity between UN and the specialized agencies. 

3. The number of curtain-country nationals employed by the UN Secretariat 
and here on 3 (7) visas is as follows: U. S. S. R. 19, Poland 33, Czech 29, Bul- 
garia 2, and Hungary 2. (It may be noted that a number of these curtain- 
country nationals are known to be hostile to the present regimes in their 
countries. ) 



52 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Arens. Would you also in that tabulation procure for the sub- 
committee the information on the 3(1) and 3 (7) in the United States 
from behind the iron curtain ? ^ 

Mr. L'Heureux. Yes. 

Mr. Arens. Now may I ask this question, gentlemen: How many 
aliens who have applied for visas in the 3 (1) or 3 (7) category have 
been turned down since the enactment of the Internal Security Act 
on September 22, 1950? 

Mr. L'Heureux. I don't recall any case where a visa was formally 
refused. I do recall two or three cases in the 3(1) category where we 
did not issue visas when they were requested. In other words, we 
didn't create an incident by making a formal refusal, but our in- 
vestigations and our inquiries preceding a decision on the issuance of 
visas indicated facts the results of which were that we did not issue 
them. 

Under 3 (7) there were five cases that failed to receive visas under 
similar circumstances. 

Mr. Arens. Were they turned down or were the visas just not issued ? 

Mr. L'Heureux. The visas were just not issued. 

Mr. Arens. Is there any case of a 3 (1) or 3 (7) applicant which 
has been turned down, visa denied, since the enactment of the Internal 
Security Act on September 22, 1950 ? 

Mr. L'Heureux. None were turned down formally, none were in- 
formed that their visa applications had been refused. We just did 
not act and do not intend to act. 

Mr. Kerry. There was one 3 (7) case in which a turn-down was 
actually made. 

Mr. L'Heureux. It could be, I don't recall it. You know of one 
case ? 

Mr. Kerry. Yes. 

Mr. Arens. Under the provisions of the Internal Security Act is it 
not true that an applicant in the 3 (1) or 3 (7) category is not exclud- 
able because of mere membership in the Communist Party? 

Mr. L'Heureux. That is true. 

Mr. Arens. And an applicant in the 3 (1) or 3 (7) category is under 
the internal security law inadmissible to the United States, deport- 
able from the United States, if he is found here if the administrative 
authorities find that his admission into the country or his presence in 
the country would endanger the welfare or safety of the United States ; 
is that correct? 

Mr. L'Heureux. That is true. 

Mr. Arens. How many 3 (l)'s as to whom visas have been issued 
have you had adverse security information on prior to their admission 
into the United States ? 

Mr. L'Heureux, Not a single case that I recall. In other words, 
no visas were issued to persons on whom we had information that 
rendered them inadmissible under the Security Act of 1950. 
. Mr. Arens; That is, since the enactment of the Internal Security 
Act? 

Mr. L'Heureux. Yes ; that is, with the exception of those who were 
excepted from the operation of the act such as those who fell in the 
1 (2) category. 

^ The report is on p. 51. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 53 

Mr. Arens. Yes. How many 3 (1) 's to whom visas have been issued 
have you acquired adverse security information on after their admis- 
sion into the United States ? 

Mr. L'Heureux. We have recently gone through many files in the 
Visa Division, examining the situation, and we have located 48 files 
in which adverse information was obtained subsequent to the issuance 
of the visa, after the alien had arrived in the United States. 

Mr. Arens. Those are on 3 (l)'s? 

Mr. L'Heureux. Those are on 3 ( 1 ) 's, that is right. 

Mr. Arens. How many of these aliens on whom adverse security in- 
formation has been acquired after their admission into the United 
States have thus far been required to leave the United States? 

Mr. L'Heureux. Perhaps one of the political officers could better 
answer that. 

Mr. Kerry. Are you speaking of 3 (l)'s now? 

Mr. Arens. 3 ( 1 ) 's exclusively at the moment. 

Mr. Keinhardt. I know of no case of a 3 (1) who has been re- 
quired to leave the United States since September 22, 1950. 

Mr. Arens. Since the enactment of the Internal Security Act ? 

Mr, Eeinhardt. That is right. 

Mr. Arens. Who is responsible for requiring 3 (l)'s to leave the 
country on the basis of adverse security information in the Depart- 
ment of State ? 

Mr. L'Heureux. Well, the adverse reports received either from the 
field or security sources in the United States, when received in the 
Department are sent to the Division of Security, which Mr. Nicholson 
is in charge of. Mr. Nicholson then has copies made and forwards 
a copy to the Visa Division and a copy to the pertinent political desk. 
If it concerns a United Nations or international organization person 
it would go to UNI, which is a division in the Department concerned 
with international or United Nations matters. 

Mr. Arens. Mr. Nicholson, how many cases of 3 (l)'s in the United 
States have you had furnished to you information of an adverse secu- 
rity character ? 

Mr. Nicholson. I think that goes back to the figures which Mr. 
L'Heureux has which are combined figures for the 3 (l)'s, which was 
48, I think. 

Mr. L'Heureux. We had information subsequent to the issuance 
of the visa. Now the question is how many were required to leave, is 
that it? 

Mr. Arens. Yes, sir. 

Mr. Eeinhardt. I think I replied to that question, and I said that 
to my knowledge there were no 3 (1) cases which had been required 
to leave since September 1950. 

Mr. Arens. Mr. Nicholson, may I ask you this question : Has the 
Federal Bureau of Investigation or any intelligence agency of this 
Government supplied to the Department of State or to any division 
of the Department of State to your knowledge a request or a sugges- 
tion that certain aliens who had been admitted into the United States 
in the 3(1) category should be required to leave the United States 
on security grounds? 

Mr. Nicholson. I don't recall any specific case, but if information 
of that nature as it comes to me is passed on to the Visa Division and 
to the political desk for action. 



54 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. AiLSHiE. Do you mean since the passage of the Security Act? 

Mr. Nicholson. I don't recall any since the passage. 

Mr. Arens. These 48 cases which Mr. L'Heureux has testified to 
on which security information has been developed, whose responsi- 
bility is it in the Department to appraise that information and to 
make a decision and to put the wheels in motion to procure the de- 
parture of the aliens if their presence in the United States is deemed 
to be detrimental to the security interests of this country ? 

Mr. NiCHOLSOisr. The political office. 

Mr. Arens. Who is from the political office present today, who. can 
enlighten us? ■ 

Mr. Nicholson. Mr. Eeinhardt? 

Mr. Reinhardt. I would like to suggest that the correct answer to 
that question is not any specific office, it is the Department as a whole. 
I think it is quite evident that depending on the seriousness and mag- 
nitude of the problem will depend at what level the problem can be 
resolved within the Department. 

There is in effect a procedure in the Government to deal with cases 
of this kind, and if you wish I could outline it to you in general terms 
to indicate what the procedure is for handling cases of foreign diplo- 
mats and officials on whom adverse evidence is developed by the Fed- 
eral Bureau of Investigation or by some other interested Government 
agency. 

Mr. Arens. Under the Internal Security Act the Attorney General 
is obliged to deport from this country, irrespective of the views of the 
State Department, aliens who are in the country in jeopardy of the 
public safety ; is that not correct ? 

Mr. Reinhardt. That is right. 

Mr. Arens. So apparently any procedure worked out by the State 
Department is in advance of the action by the Attorney General; is 
that correct? 

Mr. Reinhardt. The procedure I had reference to is one in which 
the Attorney General has participated. 

Mr. Ailshie. I think Mr. Alexander could comment on that, Mr. 
Arens. I don't think that is what the law provides. 

Mr. Alexander. Do you have a copy of the Security Act, section 22, 
subsection 4 (a) of the act of October 16, 1918 ? You see, if you except 
in that case 3 (1) or 3 (7)'s from the petition 

Mr. Arens. I think that the language of the act, Mr. Alexander, 
excepts 3 (l)'s or 3 (7)'s if they are a member of a designated class, 
namely, the class section 1 (2) of the act, but if a 3 (1) or 3 (7) is 
not in the class designated in section 1 (2) of the act the Attorney 
General is obliged to deport him, irrespective of the action of the 
State Department; isn't that correct? 

Mr. Alexander (reading) : 

Any alien who was at the time of entering the United States, or has been at 
any time thereafter, a member of any one of the classes of aliens enumerated in 
section 1 (1) or section 1 (3) of this Act or (except in the case of an alien who 
is legally in the United States temporarily as a nonimmigrant under section 
3 (1) or 3 (7) * * * 

and then it goes on. 

Section 1 (2) of this Act shall, upon the warrant of the Attorney General, 
be taken into custody * * *, 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 55 

The way I read that, section 3 (1) or 3 (7) people lawfully in the 
United States, in that status, are exempted from deportation under 
this provision. 

Mr. Arens. Doesn't paragraph (b) also provide for the deporta- 
tion of aliens irrespective of their categories who engage in activities 
designated in paragraph (1) of section 22 of the Internal Security 
Act? 

Mr. Alexander. I don't read that as requiring the Attorney Gen- 
eral to walk in and to arrest and start deportation proceedings on a 
3 (1) or 3 (7) person without following the normally established 
procedure of consulting the Secretary of State. 

Mr. Arens. But there is nothing in the " Internal Security Act 
which requires consultation with the Secretary of State, is there? 

Mr. Alexander. I wouldn't say that there is anything that requires 
it, but we do have provisions with respect to 3 (7) people in Head- 
quarters Agreement with the United Nations that do require con- 
sultation with the Secretary of State and the Secretary General of the 
United Nations before action can be taken against 3 (7) people who 
are with the United Nations. 

Mr. Arens. We are at the moment discussing 3 (l)'s, however. 

Mr. Alexander. In the case of 3 (1) 's, I don't read the act as requir- 
ing that the Attorney General take action against a person who was 
exempt from the excluding grounds when he came here and require 
him to get out after he arrived. 

Mr. Arens. I am talking about a 3 (1) who was excludable at the 
time of admission. 

Mr. Alexander. I don't get that at all. 

Mr. Arens. Is there any place in the Internal Security Act which 
requires the Attorney General, before he deports an alien in the 3(1) 
category, who was excludable at the time of admission as one who 
would jeopardize the public security of this country, to first consult 
with the State Department before he does so I 

Mr. Alexander. I don't believe the act requires that in specific 
terms, no, sir. 

Mr. Arens. The act requires, however, the Attorney General to 
dejDort such an alien. 

Mr. AiLSHiE. Mr. Chairman, may I ask a question? As I under- 
stand the act, an applicant for a 3 (1) visa is not inadmissible under 
section 1 (1) so I don't see how he could be excludable under 1(1) after 
he is here. It is my understanding that 3 ( 1 ) 's are exempt from 1(1). 

Mr. Alexander. Some 3 (l)'s are excludable under 1 (1). It is 
only ambassadors and ministers and diplomatic officers. I wouM 
think that since those people are exempt from exclusion when 
they arrive that the Attorney General would not deport them after 
they arrive without at least consulting the Secretary of State or the 
President, who has the authority under this act to receive them. Cer- 
tainly receiving them means for a period of time requires a statement 
from the Secretary or the President as to when he no longer shall 
desire to receive them. 

Mr. Arens. You are speaking to a provision which is applicable 
to ambassadors, consuls, and career diplomats governed by such rules 
and regulations as the President may deem necessary; is that not 
correct ? 

Mr. Alexander. Yes. 



56 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Arens. But that is not all 3 (1) 's. 

Mr. Alexander. That is right. 

Mr. Arens. So there are some 3 (1) 's not in this category? 

Mr. Alexander. Yes. 

Mr. AiLSHiE. They would be clerks. 

Mr. Arens. While we are on that point may I invite your atten- 
tion to section 6 (c) of the Internal Security Act, which provides as 
follows : 

the provisions of section 1(1) and 1 (3) shall be applicable to any alien within 
the purview of section 3 (1) of the Immigration Act of 1924, as amended, except 
ambassadors, public ministers, and career diplomatic and consular officers who 
have been accredited by a foreign government recognized de jure by the United 
States and who are accepted by the President or the Secretary of State, and 
members of the immediate families of such aliens, who shall be subject to ex- 
clusion under the provisions of section 1 (1) only pursuant to such rules and 
regulations as the President may deem to be necessary. 

Has the President issued any rules and regulations providing for 
criteria or standards pursuant to which aliens in this category re- 
ferred to in section 6 (c) shall be excludable or deportable? 

Mr. Alexander. Do you want me to answer it ? 

Mr. Arens. If you have the information. 

Mr. Alexander. The statute says under such rules and regulations 
as the President may deem to be necessary. So far as I know the 
President has not deemed any to be necessary, he certainly has not 
issued any. There has been established, however, a procedure which 
Mr. Reinhardt was mentioning for removing these people from the 
country. 

Mr. Arens. You have had adverse security information on 48 of 
them after they arrived in the country with your visas. Now as I 
understand it none of them have thus far been required to leave the 
country ? 

Mr. Alexander. Since the Internal Security Act. 

Mr. Arens. Let us pause right there. Where did you get this ad- 
verse security information ? Did somebody make an investigation or 
did it just come to you ? 

Mr. Nicholson. It comes by and large from the FBI. 

Mr. Arens. Would you like to comment, Mr. Reinhardt? 

Mr. Reinhardt. Mr, Chairman, what I have here is a description 
of the procedure used to deal with cases of this category. It is a pro- 
cedure which has been agreed to by the Attorney General, the De- 
partment of Defense, and the Department of State, also the Depart- 
ment of Treasury participating in it. 

When in carrying out their respective responsibilities for maintaining internal 
security of the Nation the Attorney General or the Secertary of Defense believes 
that the activities of the foreign diplomat or other official are prejudicial to the 
internal security of the United States the case, including all relevant facts, should 
be brought to the attention of the Secretary of State, who will advise concerning 
(1) the actual official status of the individual concerned; (2) what immunity, if 
any, the individual enjoys; (3) the relevance of activities in which he is alleged 
to be participating to his officially notified duties; (4) whether in the case of an 
individual who does not enjoy complete diplomatic immunity: (a) his alleged 
activities in the event they constitute an offense against the criminal laws of 
the United States are of such seriousness as to justify subjection of the indi- 
vidual to the jurisdiction of our courts * * * ; (&) or failing that his alleged 
activities are of such seriousness as to justify in the light of the country's 
foreign relations as being declared persona non grata or otherwise removed from 
the country in accordance with the appropriate procedures ; (5) whether in 



SUBVERSIVE AND ILLEGAL ALIENS IX UNITED STATES 57 

the case of an individual who in fact enjoys complete diplomatic immunity the 
alleged activities are of such seriousness as to justify in the light of the country's 
foreign relations as being declared persona non grata. 

Thereupon the Secertary of State after consultation with such other Cabinet 
officers as may have an interest in the case can determine what disposition can 
be made of the case. 

Mr. Arens. Who promulgated those rules and regulations you are 
reading from? 

Mr. Reinhardt. This is an agreed procedure worked up with the 
Attorney General, the Department of State, and the Department of 
Defense to cope with this type of case, 

Mr. Arens. When was it worked up ? 

Mr. Reinhardt. This has been a procedure in effect for many 
3'ears. 

Mr. Arens. Prior to the Internal Security Act they never deported 
an alien on internal-security grounds ; is that not true ? 

Mr. Reinhardt. I think that is not true. I think in the last 3 years 
there have been some 15 cases of foreign officials in the 3(1) category 
removed from this country. 

Mr. Arens. I said ''deported" from this country ? 

Mr. Reinhardt. You mean under the immigration and naturaliza- 
tion procedure? 

Mr. Arens. Yes, sir. 

Mr. Reinhardt, I know of none. 

Mr. Arens. Has there ever to your knowledge in the history of this 
country been an individual deported from this country in the 3 (1) 
or 3 (7) category on security grounds ? 

Mr. Reinhardt. I can't give a categoric answer, I would have to 
find out. 

Mr. Arens. Do you have information respecting any case? How 
long have you been in the Department ? 

Mr. Reinhardt. About 14 years. 

Mr. Arens. Do you have information or recollection of any case in 
the history of your experience of an alien in this country in the 3(1) 
or 3 (7) category that has been deported on security grounds? 

Mr. Reinhardt. Mr. Chairman, I think there is a difficulty of 
terminology. A3 (1) visa is a visa which the Secretary of State 
can terminate just like that. The moment he does so the individual 
has to get out. 

Mr. Arens. Let us ask the question another way. Has there ever 
been an individual to your knowledge who obtained a visa for entry 
into the United States as 3 (1) or 3 (7) as a diplomat or semidiplomat 
who was ever deported from the country ? 

Mr. Reinhardt. I am not a lawyer, Mr. Chairman, and I am worried 
about the term "deportation," because there is a procedure for remov- 
ing these people from the country, but I don't think it corresponds to 
the technical meaning of "deportation" in our immigartion law. 

Mr. Arens. The internal security law provides for deportation of 
anybody irrespective of his status who is in the United States in 
jeopardy of tlie public safety; is that not correct? 

Mr. Alexander. I am not sure about that, Mr. Chairman. 

Mr. An.SHiE. I wouldn't understand that reference. 

Mr. L'Heureux. I would say this, Mv. Chairman : His government 
can be requested to recall him. If his government refuses to recall 
him then the Secretary may call upon Immigration or agree to a 



58 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

deportation proceeding, but thus far it has not been necessary. When 
the Secretary determines that a person must leave and notifies his 
government and requires that he be recalled in every case he has been 
recalled. 

Mr. Arens. How many of these 48 cases in which you have had 
adverse security information have been required to depart? 

Mr. L'Heureux. These 48 cases concern cases before and since the 
Security Act. 

Mr. Arens. How many of them have been required to depart ? 

Mr. Alexander. I don't know of any. 

Mr. Reinhardt. I would like to make a reply to that question. I 
think that it will be possible to work up an answer to your query. It 
is a little complicated for the following reason : In the last 2 or 3 years 
there has been quite a closing down on the establishments here of cur- 
tain countries, the Czechoslovak consulates have been closed. 

Mr. Arens. You have about a thousand that you issued visas to in 
the last year. 

Mr. Reinhardt. You were referring to these 48 cases ? 

Mr. Arens. Yes. 

Mr. Reinhardt. I was replying that a number of institutions have 
been closed in which these people were members as well as the fact 
that you have some 15-odd cases who were asked to leave the country 
in that category, the 8 (1) category, in the last 3 years. 

Mr; Arens. Would you want to proceed with your outline of the 
procedure there ? 

Mr. Reinhardt. Well, sir, that was the outline of the procedure as 

1 gave it. 

Mr. Ailshie. Mr. Chairman, could I make a comment? 

Mr. Arens. Yes. 

Mr. Ailshie. I think the difficulty in referring to the deportation of 
3 (l)'s is that as 3 (l)'s, the ones we are generally speaking of are 
Ambassadors, secretaries, and consuls, and they are immune from 
deportation the same as they are immune from arrest, and it would 
be like saying how many diplomats are arrested. As long as they are 
diplomats they are immune, so the way to get them out is to end their 
status, and then they leave. 

Mr. L'Heureux. If they fail to leave then deportation proceedings 
may be instituted because they have no status. 

Mr. Ailshie. That is right. 

Mr. Arens. If an individual gains admission to this country as a 
3 (1) or a 3 (7) and because of his activities in this country the safety 
of this country is in jeopardy and he has his 3 (1) or 3 (7) status 
terminated, he is ipso facto subject to deportation by the Attorney 
General ? 

Mr. L'Heureux. That is correct. 

Mr. Arens. How many have been deported ? 

Mr. Ailshie. The answer is none because they have all left. 

Mr. Arens. How many? 

Mr. L'Heureux. All. 

Mr. Reinhardt. I mentioned 15 ; if you are speaking of September 
1950, I know of no cases where the security organs of the Govern- 
ment have requested removal of the individual. These cases go back 

2 years before. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 59 

Mr Arens. How many aliens in the 3 (7) category— those are aliens 
nllied with an international organization— have you had adverse secu- 
rity information on prior to the time that they were issued visas? 
Mr. L'Heureux. None of them. 

Mr. Arens. How many aliens in the 3 (7) category to whom visas 
were issued have you acquired adverse security information on them 
after they were issued the visas and have come into the country ? 

^Ir. L'Heureux. From the check of the visa files withm the past 
few days, we have ascertained 37 cases on which adverse information 
was received subsequent to the issuance of the visa and subsequent to 
their admission into this country. 

Mr. Arens. Thirty-seven in the 3 (7) category? 
Mr. L'Heureux. That is correct. 
Mr. Arens. How many in the 3 (1) category was it? 
:Mr. L'Heutreux. Forty-eight, I believe it was. 

Mr. Arens. That means about 85 in the diplomatic or semidiplo- 
matic status in this country at the present time where you have 
acquired, adverse security information on them; is that correct? 

Mr. L'Heureux. Not precisely because some of those may have left 
of their own accord. Their assignment terminated in the UN and 
they went out, in other words. Some in the 3(1) category may have 
been personnel of the consulates that we have closed. 

Mr. Arens. I see. But there have been 85 over what period of time 
on whom you have acquired adverse security information since their 
admission into the country in the 3 (1) and 3 (7) categories? 

Mr. Alexander. The reports are current; some are in 1950 and some 
in 1951 after the Security Act. 

Mr. Arens. Am I to understand, Mr. Alexander, that these 48 cases 
on which you have adverse security information on inthe 3(1) cate- 
gory and the 37 cases on which you have adverse information on in 
the 3 (7) category, making a total of 85, are current cases? 

Mr. Alexander. Current cases of persons in the country today or 
who may have left, found in the Visa Division. Whether the Political 
Division or any other office knows that they are here, we don't know 
that. 

Mr. Kerry. There are cases like that. 

Mr. Arens. Let's get the record crystal clear on this. There are 
85 current cases of aliens admitted into this country in the recent past 
on whom you have adverse security information in the 3 (1) and 
3 (7) category; is that correct? 
Mr. Alexander. That is correct. 

Mr. Arens. Does anyone take issue with that statement? 
Mr. AiLSHiE. That is correct. 

Mr. L'Heureux. Mr. Chairman, that last answer Avasn't quite cor- 
rect because — Mr. Kei-ry, you are more familiar with that, would you 
explain the number of cases required to depart in the 3 (7) category 
included in tlie cases we are discussing? 

Mr. Kerry. I would like to say that I am testifying in the absence 
of Mr. William O. Hall. Director of the Office of International Ad- 
ministration and Conferences. He was very anxious to be here, but 
unfortunately was sick today. 

Of these 3t cases in the 3 (7) category, with respect to which there is 
adverse information, that includes some three or four people who have 



60 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

departed voluntarily prior to deportation action being initiated; it in- 
cludes several cases in process. 

It also includes several cases which are presently under considera- 
tion for action. I think it is necessary to add that this adverse infor- 
mation varies a great deal in character. In many cases it is a mere 
allegation as to which the reliability of the source may not be known, 
and as to which the probative value of the evidence may be doubtful. 

So that when we speak of 37 cases that includes every kind of 
case. 
- Mr. Arens. We speak of 85 cases, do we not ? 

Mr. Kerry. I am referring only to the 3(7) 's. 

Mr. Arens. I see. Where did you get this adverse security informa- 
tion? You secure it from the intelligence agencies of this Govern- 
ment ; do you not ? 

Mr. Nicholson. That is right. 

Mr. Arens. Now may I invite your attention to section 11 of the 
Headquarters Site Agreement and specifically to categories 3, 4, and 
5 of section 11 of the Headquarters Site Agreement, Section 3 refers 
to "representatives of the press, or of radio, film, or other information 
agencies." 

Category 4 refers to "representatives of nongovernmental organiza- 
tions recognized by the United Nations * * *." 

Category 5 refers to "other persons," invitees of the United Nations. 

Those are all categories within section 11 of the Headquarters Site 
Agreement. 

How many aliens to whom visas have been issued in categories 3, 4, 
and 5 of section 11 of the Headquarters Site Agreement have you had 
adverse security information on prior to the time that the visas were 
issued to those people '? 

Mr. L'Heureux. None where visas were issued. We wouldn't have 
issued visas if we had adverse information that rendered them inad- 
missible. We know of two cases where we declined, not formally but 
did not issue visas because tliere was adverse information. There 
were two other cases where ninth proviso action was requested and 
the Attorney General has delayed granting action and visas were not 
issiied and probably will not be issued. Twenty-one of them were 
inadmissible under category 1 (2) of the Security Act of 1950, but 
in which case the Attorney General did authorize their admission 
under the ninth proviso, and reports will be submitted as required 
to the committee by the Attorney General. 

Mr. Arens. Well, now, how many cases in categories 3, 4, and 5 of 
section 11 of the Headquarters Site Agreement are there on which 
you have acquired adverse security information since their admission 
into the United States ? 

Mr. L'Heureux. So far as we have been able to ascertain in the 
Visa Division there have been tw^o such cases and in both instances 
the aliens have departed from the United States. Do you have any 
additional information on that, Mr. Kerry or Mr. Nicholson ? 

Mr. Arens. Now, under the ninth proviso of section 3 of the 1917 
Innnigration Act as amended by the Internal Security Act, if an alien 
is inadmissible to the United States on security grounds, the Attorney 
General is empowered under what is called the ninth proviso to tem- 
porarily admit that alien into the United States; is that correct? 

Mr. L'Heureux. That is correct. 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 61 

Mr. Arens. Does anyone take issue with that? 

Mr. Kerry. May we have the question ? 

Mr. AiLSHiE. He can't admit anyone; he can only admit them if 
they are inadmissible under 1 (2) but not 1 (1) or 1 (3). 

Mr. Arens. If it is membership in the Communist Party ? 

Mr. Ailshie. Yes, 

Mr. Arens. How many ninth proviso Communist cases has the 
Department of State requested the Attorney General to exercise the 
ninth proviso on? 

Mr. L'Heureux. The Secretary of State has not requested the 
Attorney General to invoke the ninth proviso in any case of an actual 
Communist with the exception of those coming to the United Nations. 
There were 21 such cases in which the Secretary of State did request 
ninth-proviso action, but all of these were coming to the United 
Nations. 

Mr. Arens. Has the Department of Justice ever turned down a 
request by the Department of State for the exercise of the ninth 
proviso to your knowledge ? 

Mr. L'HiEUREUx. Well, I mentioned a while ago that there were 
two cases in which we requested ninth-proviso action in which the 
Attorney General has not acted and probably will not act. He has 
not notified us that he has declined to invoke the ninth proviso, but 
there are two pending. 

Mr. Arens. Is there a gentleman here who is familiar with the 
ninth-proviso action which we understand was exercised by the Attor- 
ney General at the behest of the Department of State in the case of 
Koman M. Kutylowski ? 

Mr. Vedeler. Mr. Chairman, I am familiar with that case. "We re- 
quested that action because we did not consider he was a Communist 
Party member on the basis of the evidence available to us. 

Mr. Arens. When did Mr. Kutylowski apply for ninth proviso 
action? 

Mr. Vedeler. Well, he returned to the United States I believe on 
December 23, 1950, and I believe he attempted to enter the United 
States as a permanent resident, because he left the United States on 
that basis. He had been in the United States for some 18 or 20 years. 
As far as the Department was concerned they did not permit him to 
return on that basis. He was allowed to enter through ninth proviso 
action as a temporary resident who could be deported at any time it 
Avas considered desirable. 

Mr. Arexs. Now did the State Department make representations 
to the Department of Justice that Mr, Kutylowski's admission into 
the United States would be in the public interest ? 

Mr. Vedeler. I believe that is true, Mr. Chairman. 

Mr. Arens. Well, is it true ? 

Mr. Vedeler. May I speak off the record here ? 

Mr. Arens. I would rather have your comments on the record and 
then we can go off later on. 

Mr. Vedeler. I can't state why it was without going off the record. 

Mr. Arens. Did the State Department make representation to the 
Department of Justice that Mj", Kutylowski's entrance would be in 
the public interest? 

Mr. Vedeler. I believe that is true. 



62 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Arens. Did the State Department know at that time, at the 
time the State Department made that representation to the Depart- 
ment of Justice, that Mr. Kntylowski had previously been president 
of the Gdynia Lines in the United States ? 

Mr. Vedeler. Yes, sir. 

Mr. Arens. The Gdynia Lines operated, did it not, the motorship 
Batory on which Gerhart Eisler escaped from the United States? 

Mr. Vedeler. Yes, sir. 

Mr. Arens. Did the State Department know, at the time it made 
the representation to the Department of Justice that Mr. Kutylowski's 
admission to the United States would be in the public interest, that 
Mr. Kutylowski, when he had previously been in the United States^ 
had disseminated large amounts, substantial amounts, of money in 
propaganda on behalf of the Communist Polish regime ? 

Mr. Vedeler. No ; I am not familiar with that. 

Mr. Arens. Did the State Department know, at the time it made 
its representations to the Department of Justice that Mr. Kutylowski's 
admission into the LTnited States w^ould be in the public interest, that 
Mr. Kutylowski, when he was previously in the LTnited States as 
President of the Polish Gdynia Lines, was instrumental in the opera- 
tion of at least two radio stations, radio programs, on behalf of the 
Communist Polish regime broadcasting Polish propaganda? 

Mr. Vedeler. No, I wasn't familiar with that. 

Mr. Arens. Did the Department of State know, at the time it made 
its representation to the Department of Justice that Mr. Kutylowski's 
admission into the United States would be in the public interest of 
the United States, that the two radio programs which were sustained 
through the efforts of Mr. Kutylowski were driven off the air because 
they were Communist propaganda ? 

Mr. Vedeler. I did not know that. 

Mr. Arens. Did the State Department, at the time it made its 
representations to the Dej^artment of Justice that the admission into 
the United States of Mr. Kutylowski would be in the public interest, 
know that Mr. Kutylow^ski, when he had previously been in the United 
States, had been in frequent consultation with the Communist Polish 
Ambassador ? 

Mr. Vedeler. I would assume that he would be. I did not know 
about any particular conversation he may haye had, but it would be 
natural for the Polish Ambassador here to have an interest in the 
Gdynia-America Line because the Gdynia-America Line is a Po- 
lish — was incorporated in New Yoi'k as an American corporation, 
but' it is really a Polish Government agency. 

Mr. Arens. Do you have any information, or did you at the time 
the State Department made the representation to the Department of 
Justice that the admission to the United States of Mr. Kutylowski 
would be in the public interest, have any information respecting any 
other subject matter which was worked out between Mr. Kutylowski 
and the Communist Polish Ambassador in the LTnited States. 

Mr. Vedeler. No, I don't recall any specific. 

Mr. Arens. Did the State Department procure any security re- 
ports on Mr. Kutylow^ski prior to the time the State Department 
made repi'esentations to the DejDartment of Justice that Mr. Kuty- 
lowski's admission into the United States would be in the public 
interest ? 



SUBVERSIVE AXD ILLEGAL ALIENS IX UNITED STATES 63 

Mr. A^EDELEE. We have a great deal of security information on him 
in the various parts of the Department. That was carefully ex- 
amined. ■ 

Mr. AiLSHiE. Mr. Chairman, may I make a statement? 

Mr. Arens. Yes. 

Mr. AiLSHiE. You have used the phrase that we requested the Attor- 
ney General to grant the ninth proviso in the "public interest." I 
think that was just an offhand expression. What we say is that it 
was in the "national interest'' in the conduct of foreign relations sub- 
ject to whatever information the Attorney General has. 

Mr. .Vrens. Did the Department of State know, at the time the 
Department of State made its representation to the Department of 
Justice that Mr. Kutylowski's achnission would facilitate foreign 
relations, that Mr. Kutylowski had been registered with the Depart- 
ment of Justice at one time as an agent of a foreign principal under 
the Foreign Agents Registration Act ? 

Mr. Vedeler. In conducting the Gdjmia-America Line ? 

Mr. Areists. Yes, sir. 

Mr. Vedeler. I am not sure whether we had that information avail- 
able in the Department or not. I would assume that that would be 
the case. 

Mr. Arens. Did the Department of State, at the time it made its 
representation to the Department of Justice with respect to Mr. Kuty- 
lowski, have any information respecting the whereabouts of Mj. 
Kutylowski's family ? 

Mr. Vedeler. Yes, sir. The family was in Poland. 

Mr. Arens. Mr. Kutylowski had sent his family to Poland prior to 
his own admission into the country under the ninth proviso, is that 
not true ? 

Mr, Vedeler. I couldn't say as to that, sir. We didn't know why 
his family didn't come back here. 

Mr. Arens. Well, Mr. Kutylowski's family was at one time in the 
United States, was it not? 

Mr. Vedeler. We know his family is now in Poland. 

Mr. Arens. His family was here in the United States, was it not ? 

Mr. Vedeler. I believe at one time ; yes. 

Mr. Arens. And they went back to Poland, did they not? 

Mr. Vedeler. Yes. 

Mr. Arens. Did the Department of State have information at the 
time 

Mr. Vedeler. I think they went back together and he returned. 

Mr. Arens. Yes, that is correct. Did the Department of State have 
information, at the time it made its representation to the Department 
of Justice, that the Batorij^ the motorship Batory, which was operated 
by the Gdynia Lines of which Mr. Kutylowski was president, had 
over the course of a substantial period of time been operating a con- 
duit to Greece of certain Greek seamen who were going to Greece to 
join the Communist guerrillas in Greece? 

Mr. Vedeler. I couldn't speak for the Department as a whole on 
that matter. May I say something off the record here ? 

Mr. Arens. Yes, sir. 

(Discussion off the record.) 



64 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Did the Department of State have before it the published hearings 
of the Senate Committee on Immigration and Naturalization respect- 
ing Communist activities among aliens and national groups at the 
time the Department made its representation to the Department of 
Justice respecting Mr. Kutylowski's admission ? 

Mr. Vedeler, I imagine the Security Division did and the Visa 
Division did. I did not have it myself. 

Mr. Arens. Did the Department have any information respecting 
the newspaper Nowa Epoka and Mr. Kutylowski's connection with 
that paper at the time the Department of State made its representa- 
tion to the Department of Justice that Mr. Kutylowski's admission 
into the country would be in furtherance of the foreign relations of 
the United States ? 

Mr. Vedeler. As far as I am concerned, I did not know that he had 
any particular connection with it at that time. 

Mr. Arens. Does the Department of State have any information 
respecting the newspaper Nowa Epoka? It is a Polish Communist 
newspaper, is it not ? 

Mr. Vedeler. Yes. 

Mr. Arens. Did the Department of State know that Mr. Kutylowski 
had 450 shares of stock in that paper ? 

Mr. Vedeler. I did not know. 

Mr. Arens. Are you the individual in the Department who actually 
caused the representation to be made to the Department of Justice ? 

Mr. Vedeler. I discussed the case with other parts of the Depart- 
ment and I made the recommendation. 

Mr. Arens. How many cases in which an alien is excludable under 
the provisions of the Internal Security Act has the Department of 
State requested ninth proviso action by the Attorney General ? 

Mr. Alexander. In the broad field of excludability under the In- 
ternal Security Act. which includes the Attorney General's interpreta- 
tion that persons who served in armed forces — Germany, Italy, and 
so forth — were excludable under that act, I would say, offhand, that 
we have probably requested ninth proviso action in perhaps a thousand 
cases. 

Mr. Arens. In the course of the period of time since the Internal 
Security Act became law ? 

Mr. Alexander. That is right. 

Mr. Arens. Since September 22, 1950 ? 

Mr. Alexander. And before the clarifying act of March 28. 

Mr. Arens. At the time the Department of State made its repre- 
sentations to the Department of Justice on the Kutylowski case, did 
the Department of State have any information respecting the vice 
president of the Gdynia- America Line, Inc., Mr. Grzelak? 

Mr. Vedeler. Yes, sir, Mr. Chairman. He used to be vice president. 

Mr. Arens. Former ? 

Mr. Vedeler. Yes. I believe he left the United States a year or two 
ago, did he not? 

Mr. Arens. In how many cases has the Department of State re- 
quested ninth proviso action in which an alien would be excludable 
under the Internal Security Act other than those cases of nominal 
membership in organizations concerning which Mr. Alexander 
addressed himself a few moments ago ? 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 65 

Mr. Alexander. There have been a few cases of persons who were 
vohmtary members of the Nazi or Fascist organizations, and they 
are no longer members. 

Mr. Arens. How about members of the Communist Party ? 

Mr. Alexander. There have been some cases of former members 
of the Communist Party such as those coming to the Moral Rearma- 
ment Conference which was held here in Washington in early January. 
There have been only 2.1 cases of persons who were actually members 
of the Communist Party, and all of those were covered in Mr. 
L'Heureux's statement concerning people coming to the United 
Nations. 

Mr. Arens. Were those people in the section 11 category of the 
United Nations Headquarters Site Agreement? 

Mr. Alexander. Section 11 (3), (4), and (5). 

Mr, Arens. Gentlemen, I should like to invite your attention to a 
particular section of the Headquarters Site Agreement, section 6, 
annex 2 of the Headquarters Site Agreement, which reads as follows : 

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 definied and fixed in a supplementary agreement between the 
Government of the United States and the United Nations in pursuance of sec- 
tion 13 (3) (e) of the agreement, and such areas as it is reasonably necessary 
to traverse in transit between the same and foreign countries. Moreover, nothing 
in section 14 of the agreement with respect to facilitating entrance into the United 
States by persons who wish to visit the headquarters district and do not enjoy 
the right of entry provided in section 11 of the agreement shall be construed 
to amend or suspend in any way the immigration laws of the United States or 
to commit the United States in any way to effect any amendment or suspension 
of such laws. 

Now that has been the law of the land since August 4, 1947; has 
it not ? Now will someone please express himself as to whether or not 
there has yet been negotiated this supplementary agreement between 
the Government of the United States and the United Nations, fixing 
the headquarters district and its immediate vicinity. 

Mr. KJERRT. It is my understanding that no such agreement has been 
negotiated as yet. 

Mr. Arens. The purpose of this section in the law, was it not, sir, 
was to fix an area in which aliens coming to the United Nations would 
have an immunity but outside of which they would not have an im- 
munity from the standpoint of certain activities? Is that not correct? 

Mr. Kerry. I don't believe I am competent to answer that question. 

Mr. Arens. What has been done from the standpoint of the Gov- 
ernment of the United States to undertake to cause this supplementary 
agreement provided for by the law of the land as of August 4, 1947, 
to be negotiated ? 

Mr. ICerry. Negotiations were undertaken some 2 years ago but no 
agreement could be reached. The United Nations has taken the posi- 
tion that it cannot agree to definition of an area until the United States 
accedes to the General Convention on Privileges and Immunities, as 
the Headquarters Agreement and that convention were intended to be 
complementary. 



66 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

Mr. Arens. Then that means, does it not, sir, that so far as the 
law is concerned there is no geographical limitation upon the move- 
ments of aliens who are brought to the United Nations who are Com- 
munists ; is that not correct ? 

Mr. Kerry. No, sir; I do not believe that is correct. 

Mr. Arens. Are any limitations then imposed upon their move- 
ments ? 

Mr. Kerry. The visa may be issued limiting those persons to the 
headquarters area concerning which there is at the present time an 
informal understanding. Could you supplement that statement, Mr. 
Alexander, as to the exact area of movement in which restricted visas 
may be accomplished? 

Mr. Arens. That is only in a limited area or category of visas? 

Mr. Alexander. The Attorney General has unilaterally defined 
or delimited a certain area for administrative purposes which will be 
considered as the headquarters site and the immediate vicinity pend- 
ing the negotiation of the formal agreement with the United Nations. 

Mr. Arens. But that unilateral arrangement is only applicable to 
transients, is it not ? 

Mr. Alexander. I don't know. I know it is applicable to persons 
who get visas valid to and from this area, but how much policing of 
the area for other purposes is concerned I don't know. In other 
words, I wouldn't know whether the Department of Justice would 
regard the United Nations official as being out of bounds if he left 
this unilaterally defined area of the Attorney General. 

Mr. Arens. Do you know of any case in which an official. Com- 
munist official, of the United Nations has been required to limit from 
a geographical standpoint the area in which he operates in the United 
States as of now ? 

Mr. Alexander. In the cases of the ninth proviso people, section 
11 (3), (4), and (5)? 

Mr. Arens. I do not mean ninth proviso people, I mean people 
who procured the 3 (7) visa and have come to the United Nations 
even though they are Communists. 

Mr. Alexander. I know of no case in which a 3 (7) person has been 
limited; 3 (7) visas like 3 (1) visas atre granted for the whole 
country. It is only the section 11 (3), (4), a.nd (5) people who are 
limited to a particular area from the immigration point of view, that 
is all I can speak of. 

Mr. Arens. But under section 6 of annex 2* of the Headquarters 
Site Agreement, provision is made for a limitation from a geograph- 
ical standpoint of the area of activity of aliens who com© into the 
United Nations in 3 (7) status; is that not correct? 

Mr. Alexander. Provision is made for negotiating an agreement 
defining the headquarters district and immediate vicinity. One of 
the purposes of that is for the limitation of people coming in under 
11 (3), (4), and (5). What other purpose it may have I don't know. 

Mr. Arens. So that the record may be clear again at this point, 
please express yourselves if you take issue with this. Under the 
Internal Security Act no alien in 3 (1) or 3 (7) category is excludable 
just because he is a Communist; is that not correct? 

Mr. Alexander. That is correct. 

Mr. Arens. The only one, alien, who is excludable in 3 (1) or 3 (7) 
category who is a Communist is the alien who comes to this country 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 67 

to engage in or does engage, after admission into this country, in activ- 
ities detrimental to the safety of this country, such as sabotage or 
espionage ? 

Mr. Alexander. Yes. 

******* 

Mr. Arens. May I ask this : Is there any observation which any of 
you gentlemen would care to make for the record on any subject? 

Mr. Reinhardt. I believe it was mentioned by Mr. Kerry but I 
would like to repeat it. There is one difficulty that arises out of the 
rise of the term "adverse information." It is very important to recog- 
nize that it covers the spectrum, from a chance remark that somebody 
has made to actual substantial evidence. Of course, the quality of that 
adverse information, whether it is at one end or the other end of the 
spectrum, is important in dealing with the case. I can point back to a 
couple of years ago to such cases as the Gubitchev case, where the 
evidence was conclusive, and then the case of Lieutenant Redin, on 
whom sufficient advei*se information was obtained. 

Mr. Arens. It is not necessary to hang a man or to send him to the 
penitentiary before this country concludes that that individual's 
presence in this country is not wanted ? 

Mr. Reinhardt. That is true, but an off-chance remark which is 
reported is hardly substantial evidence of his character. 

Mr. Schroeder. The records that you receive from various Govern- 
ment agencies, you evaluate those reports ? 

Mr. Reinhardt. Yes, but they are of all characters, from very 
trivial to serious. 

Mr. Schroeder. The CIA or the FBI; how do you consider their 
reports ? 

Mr. Reinhardt. It depends on the report. 

Mr. Arens. What has the Department of State done to ascertain 
who among the 3 (l)'s and 3 (7)'s in the United States are engaging 
in activities detrimental to the public safety ? 

Mr. Nicholson. The responsibility for the internal securitj'^ of the 
United States, as you know, I am sure, Mr. Chairman, is the re- 
sponsibility of the Department of Justice. In carrying out that re- 
sponsibility, any information that they get, any adverse informa- 
tion, I assume that all the information that they get about aliens who 
have 3 (l)'s and 3 (7) visas, is passed to the Department of State. 
That then is the raw information, which, as Mr. Reinhardt said, re- 
quires evaluation, and it is not necessarily the source of the agency 
from which we get the information, but it is their source and the extent 
of the information that is a primary problem in evaluation. 

Mr. Arens. You are Mr. Nicholson? 

Mr. Nicholson. Yes, sir. 

Mr. Arens. You are the security officer of the Department of State? 
What is your title ? 

Mr. Nicholson. Chief, Security Division. 

Mr. Arens. How long have you been so engaged? 

Mr. Nicholson. I have been Chief of the Division since June of 
1948. 

Mr. Arens. What was your occupation prior to that time? 

Mr. Nicholson. Prior to that ? Well, let me go back and reverse it. 
I will just give you a broad high lighting. 



68 SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 

In 1931, I graduated, from George Washington University Law 
School. In August of 1931, I went with the FBI. I served with 
them until November 1935. I left the FBI in 1935, at which time I was 
in charge of the Detroit office. I went with the Department of Agri- 
culture in an investigative organization that was being set up there 
and stayed with Agriculture until, well, I think the day or two after 
Pearl Harbor when I went with one of the defense agencies as their 
Chief Inspector to set up an intelligence and investigation branch for 
them. 

In September 1942, I went with the War Production Board as 
special assistant to the Chairman to handle principally the security 
activities and security part of the $l-a-year program that was quite 
extensive in WPB. I then went with Commerce for a time after the 
war, and then in November of 1947 I went to the Department of State, 
first as Deputy Director of the Office of Controls, which was Mr.. 
Boykin's office, and then in June 1948, I took over Security. 

Mr. Arens. What is the nature of your work ? 

Mr. Nicholson. Now ? 

Mr. Arens, Yes. 

Mr. Nicholson. Well, my basic responsibility is the responsibility 
for the security of the Department of State, and that I think is the 
distinction — and the Foreign Service — and that includes personnel 
and physical security. In other words, be sure who our people are 
and be sure that our documents and so forth have adequate physical 
security protection. 

Mr. Arens. You are not a policy man ; are you ? 

Mr. Nicholson. No, no. 

Mr. Arens. You only acquire information, is that correct ? 

Mr. Nicholson. That is right, and evaluate on the personnel and 
physical security problems. 

Mr. Arens. On the basis of your background and experience and 
training, do you have any observation to make respecting the extent 
to which the Communist apparatus in the United States has an 
alliance or tie-up with aliens who are sent into the United States in 
diplomatic or semidiplomatic capacity ? 

Mr. Nicholson. Well, I think we have to assume, knowing the aims 
of the Communist Party, that people who come here from the iron- 
curtain countries are Communists and are working for the Communist 
enterprise. 

Mr. Arens. But there is a distinction, is there not, between a man 
who is a Communist and who would be nonexcusable if he were coming 
here as a 3 (1) or 3 (7) and a man who is coming here as an agent or as 
an active director of Communist activity in the United States ? 

Mr. Nicholson. Certainly, because I think that you must realize the 
Communists, in certain respects, organizationally, are the same as 
ourselves. In other words, I am probably the only man at the table 
who could be classified as an intelligence operator, while the other 
men are Government men. I think the same thing applies to the 
Communists. 

Mr. Arens. To what extent, on the basis of your background and 
experience as a security officer, would you say there is a tie-up between 
the Communist apparatus in the United States and persons who are 
sent to the United States in diplomatic or semidiplomatic capacity ? 



SUB\ERSIVE AND ILLEGAL ALIENS IN UNITED STATES 69 

Mr. Nicholson, Well, I think that that question would be more ap- 
propriately answered by Mr. Hoover, but I will say that there cer- 
tainly is indication that there is a tie between them. 

Mr. Arexs. Would you say, on the basis of your background and 
experience, that the Communist apparatus in the United States gets 
its directives, its control, from aliens who are sent into the United 
States in diplomatic and semidiplomatic capacity? 

Mr. Nicholson. I don't know that they get all of it, but I think they 
get some of it that way. 

Mr. Arexs. Under the Internal Security Act, the alien who does 
participate while in the status of a 3 (1) or 3 (7) in the direction or 
control of the Communist apparatus in the United States would be 
excludable or deportable from the United States; would he not? 

Mr. Nicholson. That is my understanding. 

Mr. Arexs. The Communist apparatus in the United States is only 
part of an international network ; is that not true ? 

Mr. Nicholson. That is my understanding. 

Mr. Arens. On the basis of your experience, would you say that is 
a fact? 

Mr. Nicholson. Yes. 

Mr. Arens. And the line of command goes from the Communist ap- 
paratus in the United States up to and including Moscow, is that not 
correct ? 

Mr. Nicholson. Yes, so far as I know. I am not in the party, but 
so far as I know that is correct. 

Mr. Arens. Well, on the basis of your experience. You are experi- 
enced in this field, are you not, and have been in the field for several 
years ? 

Mr. Nicholson. That is correct. 

Mr. Arens. Would you express in the record, if you please, how the 
directives come from Moscow and how the information goes back to 
Moscow, to and from the local Communist apparatus in the United 
States ? 

Mr. Nicholson. I don't know that I am qualified at the moment to 
make a statement on that because following the Communist line as 
such — well, I have followed the line but not the organization as 
intensely as other people in the field have. 

Mr. Arens. Was the situation in the Hong Kong office under your 
surveillance ? 

Mr. Nicholson. Well, after we got the allegations — no, not directly 
under the Division of Security. That was the foreign inspectors that 
handled the Hong Kong matter. 

Mr. Arens. What place did you have in the development of the 
factual situation in the Hong Kong office ? 

Mr. Nicholson. After it "came to light, I sent an investigator to 
Hong Kong to assist. Let me put it this way : After the information 
came to light, the case, for prosecution purposes, was turned over to 
the Department of Justice. Then at the request of the Federal Bureau 
of Investigation, I sent an agent to Hong Kong to investigate the 
criminal aspects of it and to obtain 

Mr. Arens. What was the situation in Hong Kong? 

Mr. Nicholson. Well, that I think has been pretty well covered. 

Mr. Arens. Just in general. 



70 SUBVERSIVE AND ILLEGAL ALIENS IN "UNITED STATES 

Mr. Nicholson. Well, there had been allegations of visa frauds in 
the Hong Kong consulate. The Foreign Service inspectors went in 
and determined from their investigations that there had been visa 
frauds. They got an admission of visa frauds and also an admission 
of homosexuality on the part of several employees there. 

Mr. Arens, Was there any information to the effect that the Com- 
munists were using this sexual perversion as a wedge to procure the 
issuance of visas for Communists ? 

Mr. Nicholson. No, so far as we know there was no Communist 
angle to the Hong Kong situation. There could have been, but for- 
tunately we don't see any evidence that they used that. 

Mr. Arens. What has happened thus far in the Hong Kong situa- 
tion from the standpoint of clearing it up? 

Mr. Nicholson. Well, we have terminated the homosexuals. We 
have terminated the visa officer who was responsible for it. He is back 
in the United States. The case is under investigation and is being 
handled by the Department of Justice. We have had many confer- 
ences with the FBI and the Attorney General's office on the prosecution 
of the case. 

Mr. Arens. How many homosexuals were involved in the Hong 
Kong office ? 

Mr. Nicholson. There were four in Hong Kong, and we got infor- 
mation on one other that was brought back. 

Mr. Arens. Do you have any information on the number of frau- 
dulent visas that were issued by those people in the Hong Kong office 
who were involved in this situation ? 

Mr. Nicholson. I don't have all of the details. Possibly Mr. 
L'Heureux has the details. 

Mr. L'Heureux. I saw the report briefly, but I don't recall the exact 
figures. 

Mr. Arens. Were there as many as 100 ? 

Mr. Nicholson. As I recall, and I am merely speaking from mem- 
ory now, I think there were roughly 80 in the category, 75 to 80. 
We worked very closely with INS also, and persons who may still be 
in the country. That information has all been turned over to INS. 

Mr. Arens. Have any of them been picked up, to your knowledge, 
who have gained admission ? 

Mr. Nicholson. To my knowledge, I don't know. 

Mr. Arens. Just one other area I would like to ask a few questions 
on, Mr. L'Heureux, and that is with reference to the Cuban situation. 
You will recall in the recent past provision has been made for the 
reinstitution of visa procedure for Cuban nationals coming to the 
United States from Cuba. What is your information with respect to 
how tliat program is getting along? 

Mr. L'Heureux. The program is getting along very well indeed. 
They are just now going into the season of an increased number of 
tourists coming to the United States, and we have given them all 
the personnel that they requested originally. Recently they have 
asked for additional personnel and we have asked them to justify the 
necessity of increasing their personnel. I don't remember how many, 
but there are quite a number of personnel. 

Mr. Arens. Are they handling the workload down there satisfac- 
torily with the personnel that they have ? 



SUBVERSIVE AND ILLEGAL ALIENS IN UNITED STATES 71 

Mr. L'Heureux. Very well, but they anticipate that the load may 
be so much that they cannot handle it with the personnel they have. 
We told them to hold up on the nonpreference cases mitil the season 
is over and then pick up the nonpreference cases again. 

Mr. Arens. Mr. Alexander, do you have any observations to make 
on the Cuban situation? You recall the conferences that were in 
process on that when we were working on this project ? 

Mr. Alexander. Beyond what Mr. L'Heureux said, I have nothing 
to add. 

Mr. L'Heureux. I would like to make the statement that I saw 
yesterday where our Embassy in Cuba said it had refused far more 
visas than they had anticipated. 

Mr. Arens. Is the number of refusals on security grounds appre- 
ciable ? 

Mr. L'Heureux. Yes. 

Mr. Arens. It would stand to reason that if we did not have that 
security procedure these people would be likely to come into the 
States ? 

Mr. L'Heureux. Yes; they would be likely to because on entrance, 
the immigration men would not have the adverse information. I 
think it has strengthened the situation a good deal and it was takin in 
time. 

Mr. Arens. We hope it was taken in time. 

Mr. L'Heureux. It wasn't taken too early. 

Mr. Vedeler. May I make a comment about the Kutylowski case? 
Certain things in that case are such that I would like to speak about 
them off the record if you wish to hear it. 

Mr. Arens. We would be happy to have you do so, and we would 
be happy to have you speak on the record, but I want you to exercise 
your judgment from the standpoint of any policy matters that you 
want to discuss. 

Mr. Vedeler. These are considerations that I would like to keep off 
the record. 

Mr. Arens. Gentlemen, we will now recess. 

(Whereupon, at 12 : 20 p. m., the hearing was recessed.) 

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