811.504 Mexico/10–2444
The Chargé in Mexico ( Bursley ) to the Secretary of State
[Received October 28.]
Sir: I have the honor to refer to the Department’s instruction No. 5914 of June 30, 1944 (File 811.504 Mexico/472)31 authorizing the exchange of notes necessary to put into effect the agreement relating to the migration of Mexicans which was signed on June 2, 1944, at the close of the conference between representatives of the Department, the Department of Justice, and of the Mexican Government. The Department is also referred to the Embassy’s Note No. 2838 of July 7, 1944, to the Ministry for Foreign Relations, a copy of which was supplied, acquainting the Mexican Government with our acceptance of the agreement.
The Department is informed that no reply to the Embassy’s note has been received. Nevertheless, the Secretaría de Gobernación, the department of the Mexican Government which administers the immigration and emigration laws, has issued two circulars, just made available, dealing directly with subjects discussed during the conference.
A circular dated September 4, 1944,32 addressed to the chiefs of the immigration service, contains directives for the issuance and use of [Page 1329] Form 5–C, a document in lieu of a passport. This circular is in conformity with Article VI of the agreement33 and restricts the issuance of the form to bona fide border residents by immigration authorities stationed at border towns. The circular also attempts to restrict to a period of not to exceed 72 hours the visits which holders of the form may make to the United States. This time limit is not provided in the agreement of June 2, 1944. Although introduced as a subject of consideration, it was found that the American and Mexican representatives and the regulations of the two governments were so clearly divided on the point that discussion was abandoned. This was mentioned on page 18 of the minutes of the sessions,34 copies of which were supplied to Messrs. Travers35 and MacLean, the Department’s representatives.
It is being pointed out to consular officers in Mexico that any time limit which the Mexicans may desire to impose is a matter of their own enforcement and that, while not presuming to challenge their regulation, we possess no authority to inform holders of Form 5–C who receive our Non-Resident Alien’s Border Identification Card that their visits are so limited in conformity with a Mexican provision.
. . . . . . . . . . . . . .
Respectfully yours,
American Consul General