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ISCR Case 02-20039.h1 — CASE

ISCR Case 02-20039.h1granted

Case Headnote

ISCR Case No. 02-20039.h1

grantedMar 20, 2003· Hon. Joseph Testan· hearing

Summary

This case concerns a 61-year-old single woman, born in the United States, whose security clearance was initially questioned under Guideline C (Foreign Preference). The Statement of Reasons alleged that she had exercised Irish citizenship in 1993 by applying for and receiving an Irish passport, and that she was in possession of this foreign passport. These actions raised disqualifying conditions related to foreign preference.

To mitigate these concerns, the applicant renounced her Irish citizenship and surrendered her Irish passport. The judge found that these actions were motivated by a desire to comply with security clearance requirements, rather than a preference for Ireland. Testimonies from her supervisor and brother further supported her loyalty to the United States.

Based on these mitigating factors, the judge concluded that the applicant's actions demonstrated a clear preference for the United States. Consequently, her security clearance was GRANTED.

Why the Applicant Prevailed

Applicant renounced her foreign citizenship and surrendered her Irish passport.
Her actions were motivated by a desire to comply with security clearance requirements, not a preference for Ireland.
Testimonies from her supervisor and brother supported her loyalty to the United States.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport

Mitigating

E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship

Key Rule Quoted

“"When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States."”

Procedural Posture

SOR issuedNov 15, 2002
Answer filedDec 2, 2002
Hearing heldFeb 25, 2003
Decision dateMar 20, 2003

Cite For

Mitigation of Foreign Preference Under Guideline C
Renunciation of Foreign Citizenship as a Mitigating Factor
Credibility of Applicant's Testimony Regarding Loyalty to the United States

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline C (Foreign Preference) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The applicant was found to have exercised foreign citizenship by obtaining an Irish passport, but she later renounced her Irish citizenship and surrendered her passport. The judge concluded that the applicant's actions demonstrated a preference for the United States, leading to a favorable decision regarding her security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercised her Irish citizenship in 1993 by applying for and receiving an Irish passport.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	Possession of an Irish passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—

Descriptive standardized rendering of a decided public case (Guideline C). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DATE: March 20, 2003 In Re: ------------------- SSN: ----------- Applicant for Security Clearance ISCR Case No. 02-20039 DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

SYNOPSIS Applicant surrendered her foreign passport and renounced her foreign citizenship. Clearance is granted.

On November 15, 2002, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive Order 10865 and Department of Defense Directive 5220.6 (Directive), dated January 2, 1992, (as administratively reissued on April 20, 1999), issued a Statement of Reasons (SOR) to applicant which detailed reasons why DOHA could not make the preliminary affirmative finding under the Directive that it is clearly consistent with the national interest to grant or continue a security clearance for applicant and recommended referral to an Administrative Judge to determine whether clearance should be denied or revoked. Applicant responded to the SOR in writing on December 2, 2002. The case was assigned to the undersigned on January 9, 2003. A Notice of Hearing was issued on February 4, 2003, and the hearing was held on February 25, 2003. The transcript was received on March 12, 2003.

FINDINGS OF FACT

Applicant is a 61 year old single woman. She was born and raised in the United States. By virtue of her father's birth in Ireland, applicant was considered a citizen of Ireland. Applicant exercised her Irish citizenship in 1993 by applying for and receiving an Irish passport. Applicant testified credibly that she obtained the Irish passport for sentimental reasons and because she thought it would be easier for her to travel throughout Europe with it. She never used the Irish passport. When applicant learned that her possession of an Irish passport would prevent her from obtaining a security clearance, she wrote to the Irish consulate requesting that her Irish passport be "rescinded." Because it was unclear if those letters had any effect, applicant, shortly before the DOHA hearing, sent the Irish consulate her passport along with a properly executed notarized declaration stating that she is renouncing her Irish citizenship (TR at 30-32; Exhibit A). Applicant states that her loyalty lies with the United States (Exhibit 2), and this statement was corroborated by the testimony of both her direct supervisor and her brother, a retired United States Navy Captain (TR at 13, 47-48). Applicant has traveled to Ireland three times. In 1992 and again in1994, she spent about four weeks in Ireland. In 1995 she traveled to Ireland expecting to spend a year there trying to decide if she should move there permanently. After about five months she decided that she didn't want to move to Ireland and returned to the United States.

POLICIES

Enclosure 2 of the Directive sets forth Guidelines (divided into conditions that could raise a security concern and conditions that could mitigate security concerns) which must be followed by the Administrative Judge. Based on the foregoing Findings of Fact, the following Disqualifying Factors and Mitigating Factors are applicable: Foreign Preference The Concern: When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States. Conditions that could raise a security concern: 1. E2.A3.1.2.1: The exercise of dual citizenship. 2. E2.A3.1.2.2: Possession and/or use of a foreign passport. Conditions that could mitigate security concerns: 1. E2.A3.1.3.1: Dual citizenship is based solely on parents' citizenship or birth in a foreign country. 2. E2.A3.1.3.4: Individual has expressed a willingness to renounce dual citizenship.

CONCLUSION

Applicant was born and raised in the United States. By virtue of her father's birth in Ireland, applicant was considered an Irish citizen by Ireland. Applicant did nothing to act on her dual citizenship status until 1993 when she applied for and received an Irish passport. Her decision to apply for an Irish passport was based solely on sentimental reasons and a desire to make travel throughout Europe easier; she was in no way expressing a preference for Ireland over the United States. After learning that the possession of an Irish passport would preclude her from having access to classified information, applicant mailed it to the Irish consulate along with a declaration renouncing her Irish citizenship. Given these facts, as well as the clear preference applicant has shown for the United States during the past 61 years, I conclude that applicant clearly prefers the United States over Ireland. Based on the foregoing, Guideline C is found for applicant.

FORMAL FINDINGS

PARAGRAPH 1: FOR THE APPLICANT

DECISION

In light of all the circumstances presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for applicant. ____________________________ Joseph Testan Administrative Judge

FOOTNOTES

02-20039.h1 FOR GOVERNMENT Jennifer I. Campbell, Department Counsel FOR APPLICANT Pro Se