Summary
The applicant, a 38-year-old naturalized U.S. citizen originally from the Israeli-occupied West Bank, faced security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). While he mitigated the foreign preference concern by surrendering his Palestinian Authority passport, he failed to mitigate the foreign influence concern due to his close family ties in a region characterized by instability and terrorism. Consequently, his application for a security clearance was denied.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant has several family members living in the West Bank, including his father, two brothers, a sister, two step-siblings, and his stepmother (2.a). Applicant speaks with his father approximately once per week (2.b). Applicant has a brother who is a professor at a university in the West Bank and talks to him approximately once per week (2.c). Applicant is not close to either his stepmother or step-siblings living in the West Bank (2.d). Applicant has surrendered his Palestinian Authority passport (2.e). The current security situation in the Palestinian Territories is such that the United States urges citizens to exercise caution when travelling to the West Bank, as armed militants and terrorist organizations are still active in some areas and demonstrations and violent incidents can occur without warning (2.f). Applicant used a passport issued by the Palestinian Authority on two occasions to travel to the West Bank (1.a). Applicant has surrendered his Palestinian Authority passport (1.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a). The judge applied mitigating conditions AG ¶ 11(e), AG ¶ 8(c). The decision turned on the following: The applicant has several family members living in the West Bank, creating a heightened risk of foreign exploitation and pressure; The applicant values his family over his job, which raises concerns about divided loyalties; The instability and terrorist presence in the West Bank were significant factors in the denial of the security clearance.
Why the Applicant Was Denied
- The applicant has several family members living in the West Bank, creating a heightened risk of foreign exploitation and pressure.
- The applicant values his family over his job, which raises concerns about divided loyalties.
- The instability and terrorist presence in the West Bank were significant factors in the denial of the security clearance.
Conditions Referenced
- AG ¶ 7(a)appliedContact with Foreign Family Members
- AG ¶ 11(e)appliedSurrender of Foreign Passport
- AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 3, 2010
- Answer filedAug 13, 2010Applicant requested a decision based on the written record.
- Hearing held—No hearing was held.
- Decision dateMay 25, 2011
Cite For
- Mitigation of Foreign Preference Concerns Through Surrender of Foreign Passport
- Heightened Risk of Foreign Influence Due to Family Ties in Unstable Regions
- Evaluation of Foreign Influence Under Guideline B in the Context of Familial Relationships