Summary
The applicant, a 62-year-old senior maintenance engineer and naturalized U.S. citizen, faced security concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct) due to his possession of a valid Israeli passport and familial ties to individuals in the Palestinian territories. The judge found that the applicant failed to mitigate the foreign influence and preference concerns, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: The applicant has a son who is a citizen of Israel and resides in East Jerusalem, which is Palestinian occupied territory (2.a). The applicant has a daughter who is a citizen of Canada and a legal U.S. resident (2.b). The applicant has a valid Israeli passport that he renewed in 2003 and has used for travel (2.c). The applicant has a son who is a dual citizen of Canada and Israel and has a valid Canadian passport (2.d). The applicant has a brother-in-law who is a citizen of Jordan and resides in the United States (2.e). The applicant has extended family members who are citizens and residents of Jordan (2.f). The applicant has a valid Canadian passport and has used it for travel (2.g). The applicant has traveled to Israel and Canada multiple times (2.h). The applicant has maintained contact with family members residing in Israel (2.i). The applicant has expressed a willingness to surrender his foreign citizenships (2.j). The applicant has a brother who is a dual citizen of Israel and Canada (2.k). Applicant possesses a valid Israeli passport that he renewed in 2003, and will not expire until 2013 (1.a). Applicant voted in Canadian elections after becoming a U.S. citizen (1.b). Applicant accepted educational, medical, retirement, social welfare, and or similar benefits from the Canadian government (1.c). Applicant has a valid U.S. passport that he renewed in 1999 and will not expire until March 2009 (1.e). Applicant expressed his willingness to surrender his Canadian and Israeli citizenships (1.f).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 6(a), AG ¶ 7(a). The judge applied mitigating conditions AG ¶ 17(a). The decision turned on the following: The applicant possessed a valid Israeli passport, which raised foreign influence concerns; The applicant maintained relationships with family members residing in the Palestinian occupied territory, contributing to foreign influence concerns; The applicant's son worked for the Palestinian leadership, which heightened concerns regarding foreign preference and influence.
Why the Applicant Was Denied
- The applicant possessed a valid Israeli passport, which raised foreign influence concerns.
- The applicant maintained relationships with family members residing in the Palestinian occupied territory, contributing to foreign influence concerns.
- The applicant's son worked for the Palestinian leadership, which heightened concerns regarding foreign preference and influence.
Conditions Referenced
- AG ¶ 6(a)raisedForeign Preference
- AG ¶ 7(a)raisedForeign Influence
- AG ¶ 17(a)appliedPersonal ConductThe applicant mitigated personal conduct concerns by demonstrating no intent to mislead in his e-QIP.
Key Rule Quoted
“The protection of national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 28, 2008Amended on August 28, 2008.
- Answer filedJun 24, 2008
- Hearing heldDec 17, 2008
- Decision dateMar 16, 2009
Cite For
- Foreign Influence Concerns Related to Possession of Foreign Passports
- Impact of Familial Relationships on Security Clearance Eligibility
- Mitigation of Personal Conduct Issues in Security Clearance Cases