811.2222 (1940)/2579

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

The Secretary of State presents his compliments to His Excellency the Ambassador of Mexico and refers to his note no. 11061 of November 14, 19421 concerning alleged efforts of military authorities in the United States to induce Mexican citizens in the military service of the United States to become American citizens.

The Secretary of State has received a report on this matter from the agency to which it was referred for investigation. The report reads in part as follows:

“As you are aware, aliens who have been lawfully admitted to the United States and who serve honorably in the Army during the present war may be naturalized under the provisions of Title X of the Second War Powers Act, 1942 (Public Law 507, Seventy-seventh Congress),2 upon proper application, without compliance with certain existing law concerning the naturalization of aliens generally. All noncitizens enlisted, inducted, or appointed in the Army of the United States are advised of their right to make such application, and of the procedure for so doing, upon their arrival at reception centers. All appropriate commanders have been directed to determine the number of eligible noncitizens within their commands who have served honorably in the Army for a period of at least three months since September 1, 1939, and who desire naturalization, and to aid in expediting the naturalization of such persons.

“The filing of the necessary application for naturalization and the execution of the required petition, which apparently is the document referred to in the copy of the note from the Mexican Embassy, are voluntary on the part of the person concerned. The War Department does not compel noncitizen soldiers to act in these respects. Persons who take the oath of enlistment, the oath prescribed for inductees, or the oath contained in the petition for naturalization are not recognized as naturalized solely by virtue of such action. The War Department does not consider noncitizen soldiers as naturalized until admitted to citizenship upon administration of the required oath of renunciation and allegiance after voluntary petition for that action.”

[Page 397]

The Secretary of State calls attention to the fact that members of the armed forces can only be naturalized in the United States by a court authorized to naturalize aliens.

  1. Not printed.
  2. 56 Stat. 176.