Summary
A 27-year-old single mother and personnel security specialist was denied a security clearance under Guideline E (Personal Conduct) due to concerns about her relationships with illegal aliens. The Statement of Reasons alleged that she lived in a spouse-like relationship with an illegal alien from 1999 to 2002, knowingly harboring him in violation of federal law (8 U.S.C. 1324, § 274). This conduct, along with her prior marriage to another illegal alien, indicated a disregard for the law.
The judge found that the applicant's actions demonstrated a knowing violation of federal law, raising significant doubts about her judgment and trustworthiness. Disqualifying conditions DC 4, DC 5, and DC 6 were raised, while mitigating conditions MC 5 and MC 7 were applied.
Ultimately, the applicant was denied a security clearance because she knowingly harbored an illegal alien, and her history of relationships with illegal aliens raised significant concerns about her judgment and trustworthiness. She failed to demonstrate sufficient steps to mitigate these personal conduct concerns.
Why the Applicant Was Denied
- The applicant knowingly harbored an illegal alien, violating federal law.
- The applicant's history of relationships with illegal aliens raised significant concerns about her judgment and trustworthiness.
- The applicant failed to demonstrate that she had taken sufficient steps to mitigate the personal conduct concerns.
Conditions Referenced
- DC 4raisedPersonal Conduct That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress.
- DC 5raisedA Pattern of Rule Violations.
- DC 6raisedAssociation with Persons Involved in Criminal Activity.
- MC 5rejectedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress.The applicant's actions did not sufficiently mitigate the concerns raised.
- MC 7rejectedAssociation with Persons Involved in Criminal Activities Has Ceased.The applicant's past relationships with illegal aliens were recent and significant.
Key Rule Quoted
“"The awarding of a security clearance is not a once in a life time occurrence, but is based on applying the factors, both disqualifying and mitigating, as set forth in the directive, to the evidence presented."”
Procedural Posture
- SOR issuedSep 4, 2003
- Answer filedSep 26, 2003
- Hearing heldApr 9, 2004via video-teleconference
- Decision dateJan 31, 2005
Cite For
- Personal Conduct Concerns Under Guideline E
- Impact of Relationships with Illegal Aliens on Security Clearance Eligibility
- Judgment and Trustworthiness Issues Related to Federal Law Violations