PSH-20-0042 - In the Matter of Personnel Security Hearing

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On July 21, 2020, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual completed a Questionnaire for National Security Positions (QNSP) and disclosed that his wife and father were foreign nationals residing in the U.S. without authorization. A background investigation into the Individual revealed that the Individual had completed an earlier QNSP on which he provided an inauthentic naturalization certificate number for his father and claimed that his wife was in the process of obtaining citizenship when he knew that she was ineligible to obtain citizenship because she had been arrested while trying to use false documents to enter the U.S. The background investigation also revealed that the Individual had traveled from a foreign country to the U.S. with his wife when he knew that his wife was not authorized to enter the U.S. At the hearing, the Individual testified that he did not recall providing a false naturalization certificate number for his father, that his father's and wife's presence in the U.S. was not causing harm to anyone, and that he was an excellent employee. However, the Individual testified that he would continue to assist his father and wife in avoiding detection by law enforcement in the future and that he would do what he deemed necessary to prevent the separation of the family. In light of the recurrence of the behavior giving rise to the security concerns, the potential for exploitation of the Individual, and the Individual's stated intention to continue to prioritize the best interests of his family over his obligations as a security clearance holder, the Administrative Judge determined that the Individual had not mitigated the security concerns asserted by the local security office under either Guideline E or J. Therefore, she determined that the Individual's access authorization should not be restored. OHA Case No. PSH-20-0042 (Janet R. H. Fishman).