Accidental release of private info endangers immigrant soldiers

US ARMY

Before the Trump administration, immigrants could join the US military to become US citizens.

Immigrant soldiers in the US Army and their relatives have been put in danger because of sensitive information that was unintentionally leaked.

An internal document containing names, Social Security numbers, and enlistment dates was accidentally released.

The leaked document contains sensitive information for 4,200 immigrant recruits, was sent out at least three different times between July 2017 and January 2018, risking interception by foreign governments, reports the Washington Post. 

Although the document doesn't list countries of origins, the list of recruits included more than 900 Mandarin Chinese speakers and dozens of Russian speakers.

"If that list is floating out there, it would potentially be incredibly dangerous for [recruits]. In some countries, it can even be a death sentence," Rep. Tom Malinowski, a Democrat from New Jersey and former State Department human-rights official, told The Post.

The immigrant recruits on the list were part of the Military Accessions Vital to the National Interest (MAVNI) recruitment program, which offered naturalization for recruits who served in essential positions, such as medical or critical-language roles. The program was suspended a little over two years ago due to security concerns.

Chinese citizens who threaten Chinese national security in any way, especially joined an adversarial nation's military, could be sentenced to life in prison or even the death penalty and their families threatened, detained or simply disappear. 

"We acknowledged the severity of this inadvertent disclosure of sensitive personal information," Col. Michael Indovina, spokesperson for US Army Training and Doctrine Command an emailed statement to 

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U.S. citizenship granted to ex-Army member who feared deporttion

COURT NEWS SERVICE

Yea Ji Sea will become an American citizen.

ARMY SPECIALIST Yea Ji Sea, who was honorably discharged earlier this month and faced the possibility of being deported, received word Friday (Aug. 17) that her application for U.S. citizenship has been approved.

Sea will achieve her long-sought dream on Aug. 24 when she will be sworn-in as a citizen of the country that she served for four years in the military.

"I love this country and was honored to serve it in the U.S. Army," Sea said upon receiving the notice of her citizenship ceremony. "I had felt like I was like I was an American since I was a child, growing up here. I had hoped for a long career in the Army, but I am so happy now that I will be a citizen."

She did not want to leave the Army but because her citizenship application took so long under a special program for non-citizens, she was forced to leave.

The American Civil Liberties Union Foundation of Southern California sued the federal government because Sea’s citizenship application had not been acted upon in nearly two years. Even though her forced discharge was labeled as honorable because of her service record, Sea was vulnerable after leaving the Army to being arrested and deported.

At a hearing on Tuesday (8/14) in federal court in Los Angeles, U.S. District Judge Michael Fitzgerald ordered the government to explain why it could not rule on Sea's citizenship within three weeks.

"While it shouldn't have taken our lawsuit for this decorated veteran to get her U.S. citizenship, we are glad the government has made good on its promise under its enlistment program,” said ACLU SoCal staff attorney Sameer Ahmed.

Sea, 29, was brought to this country from South Korea by her parents in 1998 and grew up in the Los Angeles area. She enlisted in the Army in 2013 under the Military Accessions Vital to the National Interest (MAVNI) program. It allows recruitment of non-citizens who have skills critical to the needs of the U.S. military, including physicians, nurses, and experts in certain foreign languages.

The program was ready-made for Sea — she is fluent in Korean and qualified as a healthcare specialist.

The MAVNI program required inductees to apply for U.S. citizenship upon entering the military. Sea willingly applied, but unbeknownst to her, the owner of the school through which she had previously received a student visa had been working with a corrupt immigration agent to create false forms for visa applications. (The school owner was later convicted and sent to prison).

During Sea's interview then about her citizenship application, she nervously stated that a date on a false form drawn up for her by the immigration agent was accurate though it was not. Because of this mistake, her initial citizenship application was denied. But she was permitted to reapply after demonstrating, for at least one year, "good moral character."

Sea did just that, reapplying on July 26, 2016, almost exactly two years ago. Until the ACLU lawsuit was filed, there seemed to be no action taken on the application, leaving her vulnerable to be deported by the country she served honorably.

ACLU SoCal staff attorney Sameer Ahmed, said he was "glad the government has made good on its promise under its enlistment program."

Ahmed said earlier this week that he believed Sea's case was part of a greater effort by the Trump administration to deny citizenship to soldiers.

Immigration attorneys know of more than 40 U.S. Army reservists and recruits who enlisted in the military with a promised path to citizenship and have been discharged or whose status has become questionable, jeopardizing their futures, according to the Associated Press.

Since Sea's discharge from the military, the Army has temporarily stopped discharging immigrant recruits, pending a review of the program.
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Immigrant soldier sues for citizenship after getting booted out of the Army

Yea Ji Sea served four and a half years in the U.S. Army before being discharged e because of her immigraiton status.

YEA JI SEA was so highly respected by her supervisors in the U.S. Army that one of them wrote she "volunteers for deployments willing to die for a country she loves... I would trust her with my life and (she) deserves citizenship more than most."

But Sea, 29, who has lived in the U.S. since she was a child and who served for more than four years in the Army and won two medals, was discharged Friday (Aug. 3) at Joint Base San Antonio-Fort Sam Houston. Sea lives in fear that she will be deported at any moment.

“Right now I’m just worried about if I should take a flight home or drive home. I don’t know what’s safer,” Sea told the San Antonio Express, explaining that she wants to avoid ICE, which has detained other discharged soldiers, as she heads to Los Angeles. “I’ve been trying to think of the safest route to go back home. I’m going to give myself a couple of more days to think about it."

Donald Trump's heartless "zero tolerance" policy towards refugee families applying for asylum appears to be extended towards all undocumented immigrants, even if they have not committed a crime. That includes noncitizen immigrants who thought serving in the military would be a route to citizenship.

Sea's application for citizenship, filed nearly two years ago, has apparently not been acted upon. She hasn't even been granted an interview.

Without citizenship, this veteran who served her adopted country honorably, could be arrested and deported.

The American Civil Liberties Union Foundation of Southern California filed a lawsuit July 17 in U.S. District Court in Los Angeles to force the U.S. Citizenship and Immigration Services to issue a decision on her citizenship application. 

The lawsuit charges that the delay in the application decision is in violation of the landmark Administrative Procedure Act that requires the government to process applications "within a reasonable time." A hearing is scheduled for Aug. 14 in federal district court."Specialist Sea has honorably served in the U.S. Army for over four years and was promised U.S. citizenship in exchange for her service," said Sameer Ahmed, staff attorney at the ACLU SoCal. "The government should make good on its promise instead of unfairly discharging her from the Army and subjecting her to arrest, detention, and deportation by ICE."

Sea was 9-years old when she was brought to this country from South Korea by her parents in 1998. She grew up in the Los Angeles area, enlisted in the Army in 2013 under the Military Accessions Vital to the National Interest (MAVNI) program that allows recruitment of non-citizens who have skills critical to the needs of the U.S. military, including physicians, nurses, and experts in certain foreign languages. Sea can speak Korean and qualified as a healthcare specialist.

She had a variety of postings during her time in the Army. While stationed in South Korea, Sea served as an ambulance aid driver and was the only pharmacy technician for the entire Camp Casey Combined Troop Station that served more than 1,800 soldiers. In her off hours, she served as a translator for doctors and helped care for injured soldiers.

Sea, stationed most recently at Fort Sam Houston in San Antonio, earned two Army Achievement Medals "for exceptionally meritorious service." The medal certificate for her service in the 2nd Battalion, 9th Infantry Regiment (also known as the Manchu Battalion), cites her "dedication to duty, selfless service and outstanding performance." It goes on to say, "Her actions reflect great credit upon herself, the Manchu Battalion and the United State Army." On September 1, 2015 she was promoted to specialist.

The MAVNI program required inductees to apply for U.S. citizenship upon entering the military. Sea willingly applied, but unbeknownst to her, the owner of the school through which she had previously received a student visa had been working with a corrupt immigration agent to create false forms for visa applications. (The school owner was later convicted and sent to prison).

“The fraud was actually perpetrated by the corrupt CBP officer,” Sameer Ahmed, a staff attorney with the ACLU of Southern California, told The Washington Post. “She had no idea there was this . . . document that was put in her student visa application. No one told her.” The immigration agent pleaded guilty and was sentenced to six months in prison.

Department of Defense officials ended the MAVNI program last year on the basis of potential threats to national security by troops in the program, even though a study by military contractor RAND was skeptical, saying it was “unable to estimate the specific security risk” by those in it. RAND called for a modest expansion of the program.During Sea’s interview then about her citizenship application, she nervously stated that a date on a false form drawn up for her by the immigration agent was accurate though it was not. Because of this mistake, her initial citizenship application was denied. But she was permitted to reapply after demonstrating, for at least one year, "good moral character."

Sea did just that, reapplying on July 26, 2016, almost exactly two years ago. Because the obtainment of her student visa status was challenged, she also applied for Deferred Action for Childhood Arrivals (DACA) status based on the fact that she was brought to the U.S. before her 16th birthday. But the DACA application has also not been processed by the government.

Without citizenship or DACA, she could be arrested and deported by the country she served honorably.

Read the lawsuit filed on behalf of Sea, here: https://www.aclusocal.org/sites/default/files/aclu_socal_sea_v_dhs_20180719_complaint.pdf

Sunday Read: Immigrant soldiers denied U.S. citizenship, fear deportation

INSTAGRAM

Panshu Zhao has been waiting two years to start his basic combat training in the U.S. Army.

PANSHU ZHAO loved everything about America. He studied about American-style democracy and immersed himself in the America as portrayed by Hollywood movies. He even read the Bible.

So it was no surprise that he jumped at the opportunity to study at Texas A&M University on a student visa. 

While doing work for his PhD in Texas, Zhao enlisted in the U.S. Army in 2016 because the military needed recruits who could speak Mandarin. As incentive, a special program that promised foreigners who were in the U.S. legally, a path to citizenship, the Military Accessions Vital to National Interest (MAVNI) program, which was launched in 2008 under President George W. Bush.

Zhao thought he was going to realize his dream and become an American citizen.

Then in 2016, the electoral college made Donald Trump president.

Now, Zhao is one of the scores of immigrant recruits and reservists victimized by Trump's anti-immigrant policies. 

At least 40 people who joined the Army in recent years through the MAVNI program, have been thrown out of the service or been given reason to doubt the safety of their military status in recent days. reports the Associated Press. Many have been given no reason for their discharge, while others have been told that "personal links to relatives living abroad led them to be labeled as security risks," according to the Huffington Post.

MAVNI has recruited tens of thousands of immigrants with special medical or language skills to fill numerous positions the military was unable to fill with U.S.-born recruits. With their uncertain status, 

More than 10,000 recruits have served in the military through the MANVI program, but since the Trump administration came into office the number of enlistees through the program dropped to zero, according to the Military Times. 

Most of ithe MAVNI enlistees come from Africa, Southwest Asia, China, India, Eastern Europe. Besides translators, some of the recruits are physicians.

Since October, 2016, stricter security checks has made the vetting process has made the vetting process months longer. Additional background checks were reinforced by Secretary Jim Mattis in an October 2017 memo effectively freezing the program and leaving the approximately 1000 recruits who joined in 2016 in limbo.

Basic combat training needs to be completed within three years of signing up for MAVNI.

“Some of the service members say they were not told why they were being discharged. Others who pressed for answers said the Army informed them they’d been labeled as security risks because they have relatives abroad or because the Defense Department had not completed background checks on them,” according to the AP.

In a statement, the Department of Defense said: “All service members (i.e. contracted recruits, active duty, Guard and Reserve) and those with an honorable discharge are protected from deportation.” Immigration attorneys, however, told the Associated Press that many of the recent discharges were classified as “uncharacterized discharge,” neither dishonorable nor honorable, leaving their immigration status potentially in limbo.

A MAVNI recruit, Massachusetts  resident Lucas Calixto from Brazil, has filed a lawsuit against the Department of Defense, preventing the DOD from commenting on his complaint.

Calixto signed an eight-year enlistment contract in February 2016. In March 2017, the lawsuit says, he submitted an application for naturalization. On June 13, however, he says he was abruptly discharged, with no reason given.

“It was my dream to serve in the military,” Calixto told the Associated Press. “Since this country has been so good to me, I thought it was the least I could do to give back to my adopted country and serve in the United States military."

Margaret Stock, Former Army lieutenant colonel who was instrumental in planning and initiating the MAVNI program, likes to point out that immigrants have been part of the U.S. military and taken part in every conflice starting with the Revolutionary War.

"There's an epic bureaucratic fight going on," Stock told wearethemighty.com.

"It's an appalling example of bureaucratic incompetence," she said of the efforts to kill the MAVNI program and subject those who have already signed up to endless screening.

"They're saying the MAVNIs are some kind of security threat," Stock told Military.com, but "there is no specific threat" that justify strictures that would kill a program that has already proven its worth.

"They pose the same threat that U.S. citizens would," said Stock.

"We need these people," she said. "What we don't need is people sitting on a base for 18 months doing nothing because of background checks."

While waiting for his security clearance to go through, he joined the gym. He was given an army uniform, and allowed to do some training with his unit, although he did not go through basic training.Zhao's American dream is has become a nightmare as he rethinks his future, but said he wishes he had a chance to appeal.

"It's just like you're dropped from heaven to hell," Zhao told The Associated Press on today (July 7).

"I need justice," he said. "This is America. This is not China. This is not the Middle East. This is not a dictatorship. And that's why I love America."

"I'm not a national threat," Zhao posted on Instagram. "On the contrast, I'm a national merit because people like me with higher education and critical skills, we want to serve this great U.S. Army. I'm a good scientist no matter what."

Since his discharge, Zhao faces additional fears because of his activity, and his attempt to join the U.S. military, he is afraid of how he might be treated if he returns to China. He told NPR, “I’m pretty sure the Chinese government knows what I did, and that they know my name. So you know, I don’t know what will happen if I go back.”
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SUNDAY READ: The long strange journey of Xilong Zhu - student, soldier, deportee

XILONG ZHU PHOTO

Xilong Zhu upon completion of U.S. Army basic training.

WAIT, WAIT, WAIT! Let me get this straight: The Department of Homeland Security creates a phony university to enroll foreign students seeking student visas, then arrests them for fraud and being in the U.S. illegally?

Isn't that entrapment? Isn't that illegal?  Isn't that shady? At the very least, that's a questionable practice.

The saga of Xilong Zhu, one of those students who didn't know the University of Northern Virginia where he enrolled was actually a government-created trap, gets more complicated. His story is an example of the crazy lengths that DHS and Immigration and Customs Enforcement (ICE) will go to in order to deport, deport, deport.

ICE appears to have ignored a directive from Defense Secretary Jim Mattis to prevent the deportation of noncitizen troops and veterans, seeking to remove Zhu, a Chinese immigrant, despite laws that allow veterans with honorable service to naturalize, according to the Washington Post.

How Zhu got in his predicament is a strange, bureaucratic odyssey. He came to the U.S. in 2009 with a student visa to attend school. After he graduated from Beloit College in Wisconsin in 2013, like many foreign students, he wanted to become a U.S. citizen. 

He decided to enlist in the U.S. Army through the Military Accessions Vital to the National Interest (MAVNI) program that trades expedited citizenship for language and medical skills in short supply among U.S.-born recruits. As a Mandarin-speaking volunteer, Zhu was a prime candidate for the program.

Unfortunately, out of fear of the MAVNI program being infiltrated by terrorists, the program was temporarily shelved at the time Zhu tried to enlist in 2013, so he needed a way to keep his legal status in the U.S.. 

U.S. Quickly, a company that provides education consultation to immigrants, told him that the University of Northern New Jersey was approved by DHS to authorize "curricular practical training," a type of school credit for his work at Apple as a customer support technician. It sounded perfect for Zhu's need.

He enrolled in the fake school, paying the $8,000 tuition with undercover agents posing as university administrators, and the school website promised "an exceptional educational experience."

"Nobody knew the school was fake," said Margaret Stock, Zhu's attorney,  including Zhu, who said it would be "suicide" to knowingly attend a fake school given that he would soon be screened by government agencies, including DHS.

In the meantime, the MAVNI program was reinstated for the U.S. military. Zhu signed up and successfully completed his basic training.

However, ICE reportedly asked the Army to release him for alleged visa fraud. The Army protested to no avail. Zhou was detained and honorably discharged in November of 2016.

He was released after three weeks and is currently waiting for a Seattle judge to issue a ruling on his removal proceedings, according to the Post.

“Xilong Zhu, a citizen and national of China, was admitted to the U.S. as an F-1 nonimmigrant student in August 2013, but failed to maintain or comply with the conditions of his nonimmigrant status. As a result, on Nov. 10, 2016, ICE issued him a notice to appear in accordance with the Immigration and Nationality Act. His immigration proceedings are ongoing," an ICE spokesperson said in a statement to The Hill.

Under normal administrations, Zhu's status should mean that he can proceed with citizenship. Laws in place since World War I say noncitizens who leave the military under "honorable conditions" are eligible for naturalization.

“Anyone with an honorable discharge … will not be subject to any kind of deportation,” Mattis told reporters at the Pentagon in February, describing exceptions for those who commit a “serious felony.”

"They're ignoring what Mattis said," Stock said.

ICE, apparently feeling its oats because of Trump's continuous anti-immigrant positions, statements and tweets, interpreted Mattis statement to refer to the 900-plus military personnel who are part of the Deferred Action on Childhood Arrivals (DACA), not the 10,000 who were part of the MAVNI program.

The Pentagon punted when asked for clarification on Mattis' remarks. Spokesman Maj. David Eastern simply referred to the February statement.

Meanwhile, Zhu awaits deportation proceedings and fears how he'll be received in China if the U.S. deports him.

A former State Department official told The Post that any Chinese-born men or women who joins the U.S. military may face harsh confinement and interrogation if they are deported back to China.

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Veterans Day: Program to recruit immigrants temporarily suspended

US ARMY

The U.S. military reflect the diversity of the nation.

AS THE NATION observes Veterans Day, the U.S. military is having second thoughts about having immigrants in the armed forces.

The temporary suspension of a program aimed at recruiting immigrants has caused confusion among recruiters and has left thousands of enlistees in limbo and in danger of deportation.

However, at the same time, sending a mixed message, Defense Secretary Jim Mattis said last month that the Pentagon is taking steps to save Military Accessions Vital to the National Interest, or MAVNI, that allows foreign-born recruits to earn an expedited path to U.S. citizenship.

“We are taking the steps obviously to save the program, if it can be saved,” Mattis told reporters. “If it can, you do due diligence for it to make sure what you are bringing in is what you think you are bringing in.”

In a memo dated Oct. 13, the Pentagon announced it was making two changes to the Military Accessions Vital to the National Interest, or MAVNI, program, to include increased background checks and extended service requirements.

Since 2009, more than 10,000 recruits have entered the military through the MAVNI program. However, no new recruits have been brought in since 2016, when the Pentagon assessed it did not have proper safeguards in place against potential insider threats.

“We could not continue what we’d been doing without an espionage potential,” Mattis said of the previous weaknesses found in the program.
For generations, immigrants have served proudly in the U.S. armed forces. Understanding the history of military service by immigrants, as well as the legal barriers to the enlistment of skilled foreign-born residents, leads us to clear policy recommendations for President Trump and Congress to consider.

Today, approximately 40,000 immigrants serve in the armed forces, and approximately 5,000 noncitizens enlist each year. As of 2016, about 511,000 veterans were foreign-born. Throughout U.S. history, many immigrants have served with distinction and are among those who have received the highest military honors. More than 20 percent of Medal of Honor recipients are immigrants.

The MAVNI program was authorized by the Secretary of Defense in November 2008. It’s purpose is to address critical shortages of medical and strategic language personnel in the U.S. armed services by allowing certain qualified noncitizens to enlist in the U.S. military under Section 504(b)(2) of title 10, United States Code.

MAVNI recruits noncitizens in the U.S. whose enlistment is vital to the national interest.

Since 2009, more than 10,400 individuals have enlisted or served in the U.S. military through MAVNI. Approximately 10,000 of those enlistees are still in the service or waiting to serve. On Sept. 30, 2016, the Defense Department authorized the annual recruitment of up to 1,400 enlistees through MAVNI. 

However, the Defense Department instituted stricter security vetting for immigrant enlistees that required onerous paperwork and processing. In some instances, the vetting has taken longer than the enlistee's contract allows leaving them vulnerable to deportation. 

The final result is that the program temporarily suspended. The Defense Department is currently not accepting MAVNI applications for fiscal year (FY) 2017.

Experts say the relatively small number of recruits in the MAVNI program possess skills with outsize value, such as foreign languages highly sought by Special Operations Command.

Sens. Kamala D. Harris, D-Calif., and Richard J. Durbin, D-Ill. filed an amendment in the defense authorization bill to retain MAVNI recruits until their lengthy background investigations are finished.

“These brave men & women enlisted & the Administration turns its back on them,” said Harris. “We must pass Sen. Durbin’s & my bill to protect these recruits.”
“It’s a dumpster fire ruining people’s lives. The magnitude of incompetence is beyond belief,” said Margaret Stock, a retired Army officer who led creation of the immigration recruitment program, told The Washington Post

“We have a war going on. We need these people,” 
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