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Immigration Law

MAVNI Security Clearance Victory in Seattle - Tiwari v. Mattis

Tiwari v. Mattis, Apr. 11, 2018 - "THIS MATTER comes before the Court on Plaintiffs’ motion for preliminary injunction, docket no. 78 (the “Motion”). The Motion presents the following question: Should the Department of Defense (“Defendant”) be required to treat non-U.S. citizens recruited through the Military Accessions Vital to National Interest (“MAVNI”) program the same way it treats all other U.S. citizen soldiers when issuing interim security clearances? For the reasons stated on the record during oral argument on March 21, 2018, see docket no. 114, the Court answered this question in the affirmative and GRANTED the Motion. This Order further explains those reasons. ... Plaintiffs have demonstrated they are entitled to a preliminary injunction. MAVNI soldiers are still unable to receive interim security clearances under the same terms, conditions, and criteria Defendant applies to non-MAVNI soldiers. ... Defendant is prohibited from enforcing any rule, policy, or guidance memoranda preventing U.S. citizen MAVNI soldiers enlisted in the Army as a class from equal treatment in connection with their applications for interim security clearances. Defendant shall consider requests for interim security clearance eligibility for U.S. citizen MAVNI soldiers in the same manner as it would for any other soldier who is a U.S. citizen."