Plaintiffs, who are variously nationals of India, China and Kosovo, are enlisted to the U.S. Army through Military Accessions Vital to the National Interest (MAVNI) program, which recruits non-U.S. citizens who have particular skills necessary for the military. Because they are not U.S. citizens, however, the plaintiffs were not able to obtain the requisite security clearance, which caused setbacks in their careers. Plaintiffs applied for preliminary injunction to obtain the security clearance at the same level as U.S. citizen equivalents.
The court granted preliminary injunction, finding that the plaintiffs are likely to prevail on the Equal Protection challenges.
Although it must not have been easy for the plaintiffs to take this route, it is gratifying to see the court stepping into straighten out the mismatch in the various laws that prohibited the military personnel from serving effectively.