811.2222 (1940)/136

The Secretary of State to the Mexican Ambassador (Castillo Nájera)

Excellency: I have the honor to refer to notes nos. 616 of January 31, 1941 and 662 of February 4, 194112 relating to the status of Juan Ramírez Jiménez and Armando Bernal, respectively, under the Selective Training and Service Act of 1940.

I have received a reply from the agency of the Government to which these cases were referred, which reads in part as follows:

“The Act in question imposes liability for training and service on (1) all male citizens of the United States, and (2) on all male aliens residing in the United States who have declared their intention to become such citizens, if such citizens and aliens were between the ages of 21 and 36 at the time fixed for registration (which was October 16, 1940). Therefore, if in fact these subjects have so declared their intention to become naturalized American citizens, we think they are liable for training and service under the terms of the Selective Training and Service Act of 1940.

“In one of the cases presented in your letter (re Juan Ramírez Jimenez) it clearly appears from the supporting data that he is a declarant; in the other (re Armando Bernal) the fact is not certified, but since it is stated that he has been placed in Class I-A by his local Selective Service board, it must be presumed that the board so determined.”

The general question of exempting alien declarants who are liable to military service under the Selective Training and Service Act of 1940 from such service is receiving the consideration of the interested agencies of the Government, but it cannot now be stated what conclusions may be reached although it is hoped to have a decision in the near future.

Accept [etc.]

For the Secretary of State:
A. A. Berle, Jr.
  1. Neither printed.