MAVNI
The MAVNI program began in 2008 when the Secretary of Defense authorized a pilot program hoping to bring desperately needed individuals into the military by granting an easier passage to citizenship.[1] The idea behind the program is simple: if you are a legal, non-citizen, meet the physical, administrative, and skill requirements, then enlist in the US military during a time of conflict, you will be granted citizenship upon completion of basic training.[2] The two main characteristics sought for the program are that the individual possess particular language skills or practice certain health care specialties. MAVNI is built off INA section 329 which allows for naturalization through active duty. [3] At one time, those accepted into the program could attain citizenship within a month of applying.[4]
In September of 2016, the DoD released a memorandum which extended MAVNI through September 30, 2017: however, it also put several new rules in place.[5] Some of the changes to eligibility included removing certain languages from the list of eligible languages, and the proficiency requirements for language categories were specified. [6] Other changes included splitting the eligible languages into two categories, and establishing a maximum number of MAVNIs to be admitted into each military branch annually (Army-1200, Navy-65, Marine Corps-65, and Air Force-70).[7] Another notable change dealt with adjustment of status(AOS) applications. Previously, an individual could still apply for MAVNI when they had an AOS application pending.[8] A pending AOS application now renders an individual ineligible to apply for the program.[9]
The biggest change for those hoping to be accepted into MAVNI came under the heading of “Security and Suitability Screening Requirements.” Before shipping to basic training, MAVNIs must pass a sequence of four security screenings: National Intelligence Agency Check(NIAC); Counterintelligence(CI) Security Interviews; Tier 3 or Tier 5 background investigations; and polygraphs).[10] For individuals applying as a healthcare professional or as category one language speaker, a tier 3 background investigation is required: however, depending on the applicant’s country of origin, they may be subjected to a tier 5 background investigation (the highest tier, which grants top secret clearance), as are the individuals that speak category two languages.[11] The memorandum later explains, however, that MAVNIs will not be eligible for any security clearance until they have completed their first enlistment and have received a positive nation security eligibility determination from the DoD. MAVNIs will also be subject to continuous monitoring and annual CI throughout their military career.[12]
On June 21, 2017, another memorandum was released by the Office of the Under Secretary of Defense. The memorandum made one major change to the program: individuals who had already completed basic training and become naturalized through the program now could be considered for an additional security clearance.[13] Whether an individual would be subject to the heightened security clearance depends on their career field and other factors.[14] The change comes following the discovery that some recruits had applied to the program using falsified documents, including collegiate degrees.[15]
The changes to MAVNI have created problems for those already accepted to the program as well. According to a video recently released by AILA, there is currently a two-year processing time before those accepted to MAVNI can ship to basic training. [16] That delay is causing MAVNIs to lose status, which they are required to maintain to be eligible to ship to basic training. Further, MAVNIs who have not yet shipped to basic training are now required to apply for and receive approval for deferred action-but United States Citizenship and Immigration Services(USCIS) is frequently denying those applications.[17] Another option available to those accepted but unable to ship is to apply for naturalization, however long delays have been seen in submitted applications, as well.[18]
Now, the Pentagon is considering cancelling the program altogether due to what are being called security concerns.[19] If the program were to be cancelled, the protection from deferred action would end, and those individuals waiting could potentially become subject to deportation.[20] Enlistees cannot apply for adjustment of status, and they are not being permitted to go to basic training. This means recruits are “left in limbo,” unsure what to do next, and some have taken the matter to court. At least two lawsuits have been filed by MAVNI recruits, which allege discrimination and breach of agreement.[21] One case, Tiwari et al v. Mattis, has continued adding plaintiffs, and as of May 19, 2017, had sixteen plaintiffs.[22]
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Endnotes
[1] Stock, Margaret, Frequently Asked Questions About the Army’s New Non-Citizen Recruiting Program For Foreign Health Care Professional, Bingham University, https://www.binghamton.edu/isss/employment/USArmy.pdf.
[2] “Military Accessions Vital to the National Interest (MAVNI) Recruitment Pilot Program.” https://www.defense.gov/news/mavni-fact-sheet.pdf (April 2015).
[3] Sec. 329. [8 U.S.C. 1440].
[4] Green, Richard, “MAVNI: Nonimmigrant to US citizen in less than a month”, MassBar Association.
[5] Levine, Peter. “Military Accessions Vital to the National Interest Extension.” Memorandum from the Under Secretary of Defense (30 Sept. 2016).
[6] Id.
[7] Id.
[8] Id.
[9] “Military Accessions Vital to the National Interest (MAVNI) Recruitment Pilot Program.” https://www.defense.gov/news/mavni-fact-sheet.pdf (April 2015).
[10] Levine, Peter. “Military Accessions Vital to the National Interest Extension.”(30 Sept. 2016).
[11] Id.
[12] Id.
[13] Kurta, A.M. “Military Accessions Vital to the National Interest Pilot Program.” Memorandum from the Under Secretary of Defense (June 21, 2017).
[14] Id.
[15] Buncombe, Andrew, “Pentagon Considers Canceling Program That Recruits Immigrant Soldiers”, Independent (July 3, 2017).
[16] AILA National, AILA Quicktake #193: MAVNI Program, https://www.youtube.com/watch?v=AByyrOSG_YA. (March 30, 2017). The video features Margaret Stock, who played a key role in the creation of the MAVNI program and wrote Immigration Law and the Military.
[17] Id.
[18]AILA Military Committee, AILA MAP Practice Pointer: Assisting MAVNI Applicants, Enlistees, and Service Members Prior to Basic Training, AILA Doc. No. 17020160 (January 31, 2017).
[19] Bowman, Tom and Gonzales, Richard, “Pentagon Considers Canceling Program That Recruits Immigrant Soldiers” NPR (July 3, 2017).
[20] Id.
[21] Buncombe, “Trump Considers Scrapping”, Independent (July 3, 2017).
[22] Tiwari et al. v. Mattis, No. 17-CV-242, W.D. Wa., Feb. 16 2017