MEMORANDUM FOR VISA DIVISION DEPARTMENT OF STATE FROM LAWRENCE R. HOUSTON
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45
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Publication Date:
January 10, 1949
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$~l +:a! i i?3 3 IF -
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10 Js r aryr 1949
RA' FOR: Visa Division
partm nt of State
Robert C. Al r
Furs t to t di ueedt a 6 JAWMM" 19h9
0, - Ale~af ier Visa Div1 is i- mw
the Office Of the apes Aesi3ta t to the Seer4,
er. Mr.. Walter h. Pforabeimer, Assistant General
proposed CIA 1 - ~_- - ~-. f ~-
2. We have, oansf dered all the points raised at the
Ming, and in view of the wLUi of the ip nt
to ~ in Sectictt 6(g) sub t as originally drafted
we have felt,.. after discussing the matter with the Director :
that, it is beat to proceed as ori.,ginaflY
plawmsd rather than
to attempt to utilize the prow si?
i tion laws of Se~"ti+~n 19(e) of the
.
3. As we Indicated at the meeting, feel that
It is beat to elf minat? all mfe ce to cou rnlar =-~a.tthorities
from the reposed sectlan, ate. have therefore revised
Secti 6(g) as per the atty.
4. In forwarding your letter of concurre a to
the Buie of the Budget, would you fly indicate to them
that ' this proposal has the concurrence of this Agency.
. tt ch nt
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' tral Records
Stay back
STAT
Lawrence . bus
Genera ou ssei
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for per rent residence without xvgm~d to their Jlf i3s_*_blI ty
of t nation 1 1]ige missaious such alien and his
a family abnU be given entry into the United St i t eak
intere3t of natic nal security or essentiral, to the furl ex e
6(g) . wbenvmr the Director and the Attoxmy
ameral . OW I deter ime that the entry of a particular a3 I= into the United States for pezmenelat residence is in the
t.# vatic or suy other laws and reguiatiaaas, or
t f&U a to cc iy With such law and reg ati,r^ n ;
PR That the r th er of alien and their immediate
families entering the United States under t. sonority of
caienda year.
Section sh U in to case exceed one hundred in Mme
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7 January 1949
Mr. Houston and Er. Pforz?zeii*er talked with the Director regard-
ing memorandum for the record dated 6 January 1949, concerning the
visa provision of the proposed CIA law in the light of State Deoart-
ment comments. It was agreed that we would not adopt Mr. Alexander's
suggestion regarding use of Section 19(c), but would stand on our
..own provision, in which the State Department indicates concurrence.
.eliminate from Section 6(g) all reference to consular authority.
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F".- J
6 January 19+9
MIIVIORANDUM FOR THE RECORD
Mr. Houston and I conferred with Mr. Fisher Howe, of
the State Department intelligence staff, and Mr. Robert Alex-
ander, of the Visa Division of. the State Department, regarding
the visa section of the proposed CIA bill. Mr. Alexander, on
behalf of the Visa Division stated that they would interpose
no objection to Section 6(g5, and Mr. Howe concurred. However,
Mr..Alexander stated it is his personal opinion that certa,
changes could be made which would be advantageous to us.--H
felt that our proposed section was not sufficiently camou- \
flaged and would serve notice to all the world that we propose
,to bring these people in. Mr. Houston stated that this was
precisely what we desired. As an open statute on the books,
it would serve notice to proposed defectors at a high level
that the united States would in effect be an asylum (provided,
of course, we considered them of extreme intelligence potential).
Mr. Alexander further suggested, as a possible alternative, the
use for CIA purposes of Section 19(c) of the Immigration Act,
which provides that the Attorney General may suspend deporta-
tion of aliens in this country under certain circumstances.
It is Mr. Alexander's thought that at the request of the DCI,
and with the concurrence of the Attorney General, this pre-
vision could be used on any persons brought into this country
in order to give them permanent residence, charging the alien's
entry against the appropriate quota. This would enable us to
bring any number of people in on visitors visas, merely stamp-
ing their passports, and thus not disclosing special categories.
However, we pointed out that this system was. usable at the
present time, and if something similar were incorporated in
CIA legislation, it would leave us open to untold pressures
from every possible source. Furthermore, it would leave us
open to blackmail to the extent that an alien here on a visitors
visa might disclose 500 of his information and refuse to dis-
close the remainder until we guaranteed him permanent residenc.
It was pointed out that our proposal was aimed primarily at the
defector program and not merely those whom we wished to inter-
rogate temporarily.
Mr. Alexander expressed preference for the use of aec-
tion _19 (c) of the Inniigration Act from the standpoint of
legislative strategy, as those entrances were charged aga nst
quotas, whereas our proposals in effect set up a special non-
quota category. However, if there is any Congressional objec-
tion to establishing such a special category, we would be
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Pn 1C'In-NI f I A I
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ever, made certain proposals which he considered -pr-,e -f preferable `too
-
ours but this will not
r prevent him from concurring in our sec_
-:tion. He did point out, however, that he was constantly being
called into Executive session by Congressional committees to
testify on all matters concerning visas, and that presumably the
State Department would be called in this connection in our bill-
He stated that if he were called and were asked for his opinion-,
he,would testify that he did not agree with our approach, al-
though he agreed as to the necessity for such legislation and
that he would be forced to testify as to his own opinion as to
the best means to secure our end.
2. While I believe he is under a misapprehension as
to the committee before which our legislation will come, and
while I. think it is doubtful that the Armed Services Committee
would ever request his testimony, once the State Department has
concurred in our legislation I believe Mr. Lovett should make
it crystal clear that the only testimony Mr. Alexander can give
would be in direct support of the language in which the Depart-
ment has concurred and not his personal opinion. Furthermore,
if State Department testimony is considered desirable, it appe,-s
to me that it should be given preferably by Mr. Lovett himself
or otherwise by Mr. Armstrong. I envisage the possibility, in
the light of Mr. Alexander's past legislative performances, that
he may attempt to throw some sand in the gears, and this s-iould
not be allowed to happen through any private lobbying operations
.of his own.
CONFlDEfVT1AL~
Memorandum ? UNITED STATES GOVERNMENT
The Director DATE: 6 Janu 3.ry 1949
Assistant General Counsel
Section 6(g) of proposed CIA. legislation.
1. Mr. Houston and I conferred today with Mr. Fisher
Howe, of.the State Department intelligence staff, and Mr. Robert
Alexander, of the Visa Division. They have agreed to concur in
our visa section 6(g), and as a result of this conference we
25X1
Walter L. Pforzheimer
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Files 4 January 1949
General Counsel
Proposed Le slationy-- Section 6(g), Entry of A.llais
Mr._ Fisher Hare called me concerning the above stated
section of our proposed legislation, in order to restate
his understanding of his prior agreement with Mr. P.fors-
heuser. He stated that he had not yet received the views
of thee interested offices on this seotion, but he felt
that they could be persuaded that the Secretary of State
should not be inelitded in those whose concurrence would
be necessary for the entry of aliens... He therefore felt
that we should rooommend that the Director not see Mr.
Lovett in this comiection until he know what the recori-
mendation to the Secretary of State would be. If the
rocorsaendati cnr is that the Secretary be included in this
section Mr. Howe will call us prior to -submission of the
reoormzendati on, advising us of it-9 t eras and the reasons
given by the recorm:ending parties. We will be given op.
portunity for discussion and to advise the Director t sat
a recommendation is being rnda which does not accord
entirely with his informal understanding with Mr. Lovett,,
I stated that this arrangement was satisfactory and
that I did not bo %U{eve that the Director would wish to
raise the point rr? th `'r. Lovett at this tine. ',!r. Pfo:)rz.
heimer thereupon informed sie that the Director had already
approved this arrangement.
'.fir, Howe stated that one other point r:i ht arise in
discussions with the Visa Division, Under the provision,
as kitten, there is no discretion whatsoever on the -)art
oll' the Consul who will be required to issue the visa. I
: .y therefore be the wish of the Visa Division -''at all
docunontation be waived and the consular activity tinder
this authority be eliminated.
I stated that *Fe could probably accept such a re=:or-
rn _md .tion; but if the question rrere raised,, wwo would nre ' :r
his proposal that we have a preliminary discussion of Al'
the practical aspects, particularly those affoct'_rin t7e
security of possible on,,~?ratioral arrangements, 71r. =Icwe
;stated that hfo believed he would have such propoaala rd
comuonts, as would be made, tai thin the next to days.
LA?+ ?NCFJ R. HOUSTON
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LRH:rrht
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UNC.L SSI IED RESTRICT CONFIDENTIAL SECRET
(
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CENTRAL INTELLIGENCE AGENCY
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=CONCURRENCE I I RECOMMENDATION FILE
REMARKS:
SECRET CONFIDENTIAL RESTRICTED UNCLASSIFIED
FORM NO. 30.1
SEP 1817
STAT
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