811.504 Mexico/359a

The Secretary of State to the Ambassador in Mexico ( Messersmith )

No. 5438

Sir: Reference is made to the agreements of August 4, 1942 and April 29, 1943 between this Government and the Government of Mexico for the temporary migration of Mexican agricultural and non-agricultural workers to the United States.

The text of the agricultural agreement of August 4, 1942 states: “It is understood that Mexicans contracting to work in the United States shall not be engaged in any military service.”

Section I–1 of the non-agricultural agreement of April 29, 1943 states: “Mexican nationals who enter the United States under contract with an appropriate Government department or agency shall not be subject to military service for the United States”.

The Department now has under consideration with Selective Service several cases of Mexican workers brought into the United States under these agreements who have been obliged by local boards to register or to enter the armed services. In two cases the individuals possessed dual citizenship. Because of their Mexican parentage and long residence in Mexico the Mexican Government considers them to be Mexican citizens. Because they were born in the United States they enjoy American citizenship, and under Selective Service regulations it is difficult to justify their exemption.

Another type of case under consideration is that of Mexican nationals who formerly resided in the United States, who had registered under Selective Service, and who had left this country either with or without the permission of their local boards. Under Selective [Page 1303] Service regulations such individuals have not ceased to be liable for military service.

The Department is taking appropriate steps to reach a satisfactory solution of pending cases but concurs with an informal suggestion made by an officer of Selective Service that it would be advisable to warn these workers regarding their Selective Service status before they leave Mexico.

You are therefore requested, in your discretion, to discuss this matter with Mr. Harry F. Brown of the War Food Administration and Mr. Samuel B. Hough of the War Manpower Commission, in charge of the selecting and contracting of workers in Mexico City, with a view to having included in the explanations given prospective workers a warning that those workers born in the United States or those who have incurred liability under Selective Service should not accept contracts unless they can prove, in the first case, that they no longer possess dual citizenship, or, in the second instance, that any prior Selective Service registration has been completely cancelled.

Very truly yours,

For the Secretary of State:
A. A. Berle, Jr.