Summary
A 34-year-old Iraqi-born U.S. citizen successfully contested the denial of her security clearance, which was initially based on concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited that her parents, two brothers, and youngest sister are Iraqi citizens and residents. Additionally, two other sisters, also Iraqi citizens and residents who worked as linguists for U.S. or coalition forces, were deemed security risks by U.S. intelligence in 2009. The applicant was also employed by the Cultural Mission of Saudi Arabia as of April 2014.
Disqualifying conditions under Adjudicative Guidelines (AG) ¶ 7(a) and AG ¶ 7(b) were raised. However, the judge applied several mitigating conditions, including AG ¶ 8(a), AG ¶ 8(b), AG ¶ 11(a), AG ¶ 11(c), and AG ¶ 11(g).
The decision to grant the clearance was primarily due to the applicant's demonstrated long history of service as a linguist for U.S. forces in Iraq, which established her loyalty to the U.S. Her limited contact with family in Iraq further mitigated foreign influence concerns, and her decision to reduce communication with them was viewed as a prudent response to security considerations. Ultimately, the applicant was granted eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant demonstrated a long history of service as a linguist for U.S. forces in Iraq, which established her loyalty to the U.S.
- Limited contact with her family in Iraq mitigated concerns of foreign influence.
- The applicant's decision to reduce communication with her family was viewed as prudent in light of security concerns.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong Ties to the U.S.
- AG ¶ 11(a)appliedForeign Citizenship Not in Conflict with U.S. National Security Interests
- AG ¶ 11(c)appliedWillingness to Renounce Foreign Citizenship
- AG ¶ 11(g)appliedEmployment Authorized Under U.S. Law
Key Rule Quoted
“An individual is not required to sever all ties with a foreign country before being granted access to classified information.”
Procedural Posture
- SOR issuedDec 18, 2017
- Answer filedFeb 15, 2018
- Hearing heldSep 7, 2018record left open until 2018-09-17
- Decision dateJul 30, 2019
Cite For
- Mitigating Factors for Foreign Influence Under Guideline B
- Mitigating Factors for Foreign Preference Under Guideline C
- Considerations for Loyalty and Service to U.S. in Security Clearance Cases