Lawyer Monthly - December 2024

to remedy the deficiencies would result in that service member being discharged from the military, which would impact our country’s national security. So, time was of the essence. The good news is, while it was a Herculean effort, I managed to secure a 100% success rate under my watch. What advice would you give to individuals seeking to obtain or renew their security clearances, particularly in light of increasing scrutiny on background checks? Be proactive. I cannot stress this enough. Try to resolve the issue at the lowest level before it becomes a larger issue. Maybe you received a reckless driving ticket and a fine over $300 but were able to get the case dismissed due to a technicality. Above all, be transparent and take swift action to resolve the issue. Please keep in mind that soon, employees and contractors of federal government agencies will be enrolled in continuous evaluation (SEAD 6), whether they are in a position of national security or not. How do you see the intersection of immigration law and national security evolving in the next few years, especially with advancements in technology and data privacy? Due to the backlogs at USCIS for immigration cases and at agencies such as DCSA, OPM, and other background investigative agencies, I expect the adoption of artificial intelligence and machine learning for screening to expedite processing. While I support these advancements, the policy must catch up with practice. There should be AI rules of behavior, use, and governance policy, and most importantly, training for staff to properly interpret the information being presented. For veterans navigating the complexities of immigration and national security, what resources or support systems do you recommend they utilize? I encourage veterans to explore VA programs like the Veterans Benefits Administration (VBA) for disability claims, the Department of Labor’s Veterans’ Employment and Training Service (VETS) for job support, and organizations like the American Legion or DAV for advocacy. For those facing immigration challenges, the Military Accessions Vital to National Interest (MAVNI) program or immigration legal aid clinics may be helpful. In the words of my college professor, Dr. Robin Dabney, “Use the free resources first.” At the same time, we can continue to advocate for fairness in the adjudicative process. Can you share a notable case or success story where your work significantly impacted a client’s immigration status or security clearance? Certainly. What instantly comes to mind is the “Clear the Army” personnel security policy that was implemented when I led the Office of Intelligence and Security. Essentially, it stated that all service members must maintain a minimum of T3/Secret eligibility. So, what does this mean? It means that whether your job requires a clearance or not, you will be required to have a background investigation equivalent to the Secret level, and it must be favorably adjudicated. It was tough. Not only did those investigations have to be initiated, but any issues found had to be mitigated. And each case was different. It could be one issue per person or multiple. Failure WWW.LAWYER-MONTHLY.COM 63 Everyone’s path is unique and requires a tailored strategy. Collaboration with advocacy groups, congressional inquiries, and online filing can also provide clarity and efficiency.

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