Thread by @KelsLCampbell

I'm seeing a lot of confusion online about the AP story of immigrants being discharged and deported from the military. There has been a slow trickle of news on this topic since last June.

Its a very complicated topic. Here's a bit of my assessment. thread/

@iAmTheWarax #MAVNI

I've seen online comments pondering whether this is specifically an anti-Muslim policy. I don't have that assessment. The largest % of immigrant troops come from Mexico & The Philippines. See migrationpolicy.org/article/immigr…

In the past few years, the military has been embarrassed by a number of insider threats. They have reacted by restricting opportunities for visa holders, despite the fact that the threats were from US citizens, not immigrants.

The Pentagon argues that troops are being kicked out because they are unable to complete their background investigations. However, the 2018 NDAA (Sec. 526) authorized 365-day extensions to the Delayed Entry Program for MAVNI troops' security investigation processes.

Once the military has recruited these troops, it is DoD's responsibility to complete the security clearance on time. The department shouldn't be claiming administrative difficulty and leaving the recruits in the lurch.

If the department has a program to specifically assess foreign-born recruits, then the department also needs to allocate sufficient resources for the security investigations process. It is as simple as that.

Through #MAVNI, the department is specifically recruiting foreign-born troops because of their special skills. But once they are in uniform, they are being treated different than US citizen troops, without regard to their actual fitness for a security clearance.

Last summer, the DOD IG completed a report on the #MAVNI program and security protocols. Journalists have been trying to get the report through #FOIA, but it appears to remain classified. dodig.mil/reports.html/A…

The Pentagon is able to make immigration policy via § 329 of the Immigration and Nationality Act, which provides the executive with latitude to determine criteria for naturalization of immigrant troops.

Congress has plenary power over immigration policy in general. However, with Section 329, Congress has delegated immigration policymaking to DOD. How many trained immigration attorneys do you think are in the Pentagon?

In the past 2 yrs, the Pentagon has continuously changed the criteria for naturalization by memo, prompting challenges of Due Process and Equal Protection. A number of class action suits have been ongoing: Tiwari v. Mattis (W.D. Washington), Kirwa v. DoD (D.C.), Nio v. DHS (D.C.)

This morning I'm seeing MOC tweeting at DoD to fix the MAVNI program. Congress must take the reigns and fix this. Pentagon watchers know that the building's strong suit IS NOT personnel policy (note: during the Obama years, USD-P&R had 11 leaders in 8 years!).

This is not an issue that Sec Mattis is going to swing in and solve. Engage with your elected officials please, esp. those on the Armed Services Committees. It is Congress that has the constitutional duty to 'raise and support' the armies; this issue is worthy of their attention.