Summary
The applicant, a 26-year-old software engineer for a defense contractor, faced security concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). His associations with an illegal immigrant girlfriend, financial support for human smuggling, and a history of dishonesty and misconduct led to the 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: Applicant's girlfriend is an illegal immigrant from Mexico and a citizen of Mexico. He has supported her by giving her $3,000, which she or her family used to smuggle more relatives into the U.S (2.a). Some of his close relatives are Mexican citizens, but more significantly, two uncles were illegal drug importers (2.b). Applicant's father and brother are dual U.S. and Mexican citizens. They voluntarily applied for Mexican citizenship while U.S. citizens in 2002 (2.c). Applicant applied for Mexican citizenship in December 2002, but withdrew his application when told it would affect his security clearance application (2.d). Applicant applied for Mexican citizenship in December 2002, but withdrew his application when told it would affect his security clearance application (1.a).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.1.2.1, E2.A2.1.2.4, E2.A2.1.2.6, E2.A5.1.2.1, E2.A5.1.2.2, E2.A5.1.2.4, E2.A5.1.2.5, E2.A5.1.2.6. The judge applied mitigating conditions E2.A2.1.3, E2.A5.1.3. The decision turned on the following: The applicant's girlfriend is an illegal immigrant from Mexico, creating potential for foreign influence; The applicant provided financial support for human smuggling, which raises serious security concerns; The applicant's history of dishonesty, including failure to disclose drug use and cheating in college, demonstrates a lack of reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant's girlfriend is an illegal immigrant from Mexico, creating potential for foreign influence.
- The applicant provided financial support for human smuggling, which raises serious security concerns.
- The applicant's history of dishonesty, including failure to disclose drug use and cheating in college, demonstrates a lack of reliability and trustworthiness.
Conditions Referenced
- E2.A2.1.2.1appliedForeign Influence: Immediate Family Member or Close Ties to Foreign Nationals
- E2.A2.1.2.4appliedForeign Influence: Failing to Report Associations with Foreign Nationals
- E2.A2.1.2.6appliedForeign Influence: Vulnerability to Coercion or Exploitation by a Foreign Government
- E2.A5.1.2.1appliedPersonal Conduct: Unfavorable Information From Associates
- E2.A5.1.2.2appliedPersonal Conduct: Deliberate Omission of Relevant Facts
- E2.A5.1.2.4appliedPersonal Conduct: Conduct Increasing Vulnerability to Coercion
- E2.A5.1.2.5appliedPersonal Conduct: Pattern of Dishonesty or Rule Violations
- E2.A5.1.2.6appliedPersonal Conduct: Association with Persons Involved in Criminal Activity
- E2.A2.1.3rejectedForeign Influence: the Nature of the Relationship with the Foreign National Is Not a Security Concern
- E2.A5.1.3rejectedPersonal Conduct: the Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedMay 27, 2004
- Answer filedJun 16, 2004Requested decision on written record.
- Hearing held—No hearing; decided on written record.
- Decision dateApr 6, 2005
Cite For
- Foreign Influence Due to Associations with Illegal Immigrants
- Failure to Disclose Relevant Personal Conduct on Security Clearance Applications
- Pattern of Dishonesty Affecting Security Clearance Eligibility