Summary
The Applicant, a 63-year-old naturalized US citizen originally from Trinidad and Tobago, sought a security clearance but was denied due to his dual citizenship and preference for foreign citizenship. Despite having family ties in foreign countries, the judge found that these contacts were not sufficient to mitigate the concerns raised by the Applicant's reapplication for dual citizenship, which indicated a preference for Trinidad and Tobago over the United States.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant's immediate family, i.e., spouse, sons and grandchildren, are US citizens living in the US. His wife, although a naturalized US citizen, is also a citizen of Trinidad and Tobago (2.a). The Applicant has numerous siblings and in-laws which reside in and are citizens of foreign countries. The Applicant's brother, his mother-in-law, two sisters-in-law, and two brothers-in-law reside in Trinidad and two brothers, a sister, and a sister-in-law live in Canada (2.b). The Applicant's contact with his relatives living in Canada is limited or non existent. He has telephonic contact with his Canadian siblings once a year and no contact with his sister-in-law (2.c). The Applicant holds dual citizenship with the US and Trinidad and Tobago (1.a). The Applicant reapplied for citizenship with Trinidad and Tobago in February 1998 (1.b).
The judge denied the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A3.1.2.4. The decision turned on the following: The Applicant holds dual citizenship with the US and Trinidad and Tobago, indicating a preference for a foreign country; The Applicant reapplied for Trinidad and Tobago citizenship to facilitate indefinite residence and work there after retirement; None of the mitigating conditions applied to alleviate the concerns regarding foreign preference.
Why the applicant was denied
- The Applicant holds dual citizenship with the US and Trinidad and Tobago, indicating a preference for a foreign country.
- The Applicant reapplied for Trinidad and Tobago citizenship to facilitate indefinite residence and work there after retirement.
- None of the mitigating conditions applied to alleviate the concerns regarding foreign preference.
Conditions referenced
- E2.A3.1.2.1raisedThe Exercise of Dual Citizenship.
- E2.A3.1.2.4raisedAccepting Educational, Medical, or Other Benefits From a Foreign Country.
Key rule quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural posture
- SOR issuedFeb 23, 2001
- Answer filedMar 20, 2001Applicant elected to have case decided on written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateOct 22, 2001
Cite for
- Denial of Security Clearance Due to Dual Citizenship Under Guideline C
- Foreign Preference Concerns Related to Reapplication for Citizenship
- Lack of Mitigating Conditions for Foreign Influence and Preference Issues