Summary
The applicant, a 34-year-old U.S. citizen originally from Iraq, faced security clearance denial under Guideline B due to foreign influence concerns stemming from his close ties to family and friends in Iraq. Despite his commendable service as a linguist, the judge found insufficient evidence to mitigate the risks associated with his financial support and frequent contact with foreign relatives, concluding that these connections could lead to divided loyalties.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s mother is a resident citizen of Iraq. She is a housewife and cares for the family children. She used to work on the family farm until it was destroyed by ISIS in 2014. Applicant has weekly contact with her by telephone and social media. He sent her money from 2014 through 2020, but has sent no money in 2021 (1.a). Applicant has a 15-year-old brother who is a citizen and resident of Iraq. He attends an Iraqi high school. As noted in the preceding paragraph he lives with Applicant’s mother. In Applicant’s weekly phone calls with his mother, he speaks with his younger brother (1.b). Four of Applicant’s sisters are citizens and residents of Iraq. The 32-year-old sister is a married housewife. Her husband is an unemployed crane operator. She has no affiliation with a foreign government or military. Applicant speaks with her weekly by phone or social media (1.c). Applicant’s 30-year-old sister is married and lives in a European country that granted her refugee status because she survived an ISIS attack. She stays at home taking care of her newly born child. Applicant does not know whether her husband is employed (1.d). Applicant has provided financial support to several relatives and friends in Iraq, totaling at least $34,200 from 2014 to 2021 (1.e).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant failed to demonstrate that his relationships and loyalties in the U.S. are deep enough to resolve conflicts of interest in favor of U.S. interests; The applicant's financial support to foreign relatives and friends raised significant national security risks; The applicant's ties to family members in Iraq, a country with ongoing terrorist threats and human rights issues, created a heightened risk of foreign influence.
Why the applicant was denied
- The applicant failed to demonstrate that his relationships and loyalties in the U.S. are deep enough to resolve conflicts of interest in favor of U.S. interests.
- The applicant's financial support to foreign relatives and friends raised significant national security risks.
- The applicant's ties to family members in Iraq, a country with ongoing terrorist threats and human rights issues, created a heightened risk of foreign influence.
Conditions referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 8(b)rejectedMinimal Conflict of Interest Due to Loyalty to U.S.The applicant's ties to family members in Iraq were not minimal, and he lacked deep and longstanding relationships in the U.S.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's contacts with foreign family members were regular and significant.
Key rule quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural posture
- SOR issuedMay 28, 2021
- Answer filed—
- Hearing heldDec 22, 2021
- Decision dateApr 21, 2022
Cite for
- Foreign Influence Concerns Under Guideline B
- Insufficient Evidence to Mitigate Ties to Foreign Family Members
- Impact of Financial Support on Security Clearance Eligibility