Reading Room Document

Attached letter to Department of State, construing Section 212(a)(23) of the Immigration and Nationality Act

The document is a request for an opinion on the interpretation of the term "illicit trafficker" in Section 212(a)(23) of the Immigration and Nationality Act. The specific question is whether a person involved in a single incident of illicit narcotics trafficking can be considered an "illicit trafficker." The State Department argues that a single incident cannot be the basis for finding an alien to be an "illicit trafficker," while the opinion submitted by Mr. Vinings supports the single-incident construction. The conclusion reached is that the proper definition of "trafficking" depends on the legislative context, and while there is doubt, the opinion of Mr. Vinings is deemed to be meritorious. The document presents a review of the questions surrounding the interpretation of the term "illicit trafficker" and seeks approval for the conclusion reached by Mr. Vinings.

May 11, 1965