PSH-17-0073 - In the Matter of Personnel Security Hearing

PSH-17-0073: Guidelines B and E

Office of Hearings and Appeals

March 9, 2018
minute read time

On March 9, 2018, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should be restored. A background investigation revealed that the individual’s wife is a Mexican national who resides in the United States without proper documentation. The individual stated in a Personnel Security Interview that prior to marrying her he was unaware that she was undocumented. The Local Security Office (LSO) raised concerns under Guideline B regarding the individual’s acknowledgement that he is bound by affection toward his wife and that he provides financial support to her. The LSO also raised concerns under Guideline E, citing the individual’s decision to continue financial support for his wife and remain closely associated with her despite becoming aware that she is undocumented and that she was detained by U.S. immigration authorities at least once. At the hearing, the individual testified that his wife’s immigration status is known to his friends and co-workers and that he has not tried to conceal this information. He expressed that he would not try to conceal her should she become a target of immigration enforcement. He further discussed the efforts he has made to obtain legal status for his wife. Based on this testimony and other evidence in the record, the Administrative Judge found that it was extremely unlikely that the individual could be made vulnerable to pressure or coercion by any foreign interest and that the individual therefore had mitigated the security concerns raised under Guideline B. The Administrative Judge further found that the individual had mitigated the security concerns raised under Guideline E due to factors including the uniqueness of the spousal relationship and the individual’s efforts to obtain legal status for his wife. Consequently, the Administrative Judge found that the individual had mitigated the security concerns raised by the LSO and that the individual’s access authorization should be restored.  OHA Case No. PSH-17-0073 (Gregory S. Krauss)