A/MS files, lot 54 D 291 (V), “Passports”
1The Acting Legal Adviser (Tate) to the Deputy Under Secretary of State for Administration (Humelsine)
- Subject:
- The Requirement of “Passports” for International Organization Officials
The requirement that non-immigrant aliens who seek entry into this country must present “passports” has created difficulties for a number of officers of international organizations, primarily from countries in Eastern Europe, whose official duties require their travel to and from the United States, but who are denied renewal of their passports by the present governments of their countries of nationality. Having only expired, or no, national passports along with their visas, such aliens have been detained at the port of entry and technically “paroled” into the United States by the Immigration and Naturalization Service, supposedly pending clarification of the adequacy of their documents.
The regulations define “passport” as:
“… a document of identity and nationality issued by the appropriate authorities of a recognized foreign government to which the bearer owes allegiance, identifying the bearer and stating his nationality, or, in the case of an alien unable to obtain such a document, a travel document in the nature of a passport issued by a duly authorized official and showing the bearer’s identity and nationality.” 22 CFR § 42.101 (e); 8 CFR § 176.101 (3).
On March 7, 1952, with the concurrence of Mr. Boykin and Mr. L’Heureux of your area and of UNI, I wrote to Assistant Attorney General Duggan to confirm the understanding reached informally with the Immigration and Naturalization Service that, as to officers and employees of the United Nations unable to obtain national passports, the above definition is satisfied by certain other documents. This letter was acknowledged by a reply dated April 1, 1952, which stated [Page 220] that the formulation in the letter would be followed by the Immigration and Naturalization Service.
Because inability to obtain or renew national passports confronts personnel of other international organizations than the United Nations (e.g., the Bank and the Fund), doubts concerning the adequacy of their travel documents have continued to create problems for the Immigration and Naturalization Service. Accordingly, a further letter was prepared in my office giving INS confirmation that the interpretation of our passport regulation set forth in the letter of March 7 applies equally to officers of other international organizations within the terms of Section 3 (7) of the immigration law. We have been so far unable, however, to secure clearance for this letter in CON or VD, with the result that it has not yet been possible to send any communication to the INS on the International Bank case now before it, and concerning which the Service has renewed its inquiry.
The immigration laws and regulations of the United States are the same for personnel of the UN and of other public international organizations. To my knowledge there is no new factor in the situation since March to call for a change in the position we took then. I propose, therefore, that we proceed now to confirm that position to INS in the case of international organizations other than the UN, so that the unnecessary and embarrassing problem of these admissions on “parole pending inspection” can be eliminated.
- Consolidated administrative files of the Department of State as maintained by the Management Staff for the years 1949–1953.↩