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In one of the MAVNI class action lawsuits, the 180-day requirement was determined not to be retroactive for MAVNI recruits.

MAVNI FEDERAL CLASS ACTION LITIGATION. v. United States Department of Homeland Security, et al., Civil Action No. A class-action lawsuit filed on Friday in Washington claims that soldiers were discharged “not because of any misconduct by plaintiffs, but rather … Rimban applied for deferred action that December, the same month he did his first MAVNI background interview. 17-0998 U.S. District Court for the District of Columbia. Class Action Lawsuits Highlight Limbo for Immigrants in Military Service https: ... 2017.

“It was the Army that broke the contract. “The Army spends millions to screen foreigners to figure out that they have foreign ties. Then the Army started pushing the recruits out.The military may want to curtail the Mavni program simply because it has become an administrative headache, clogged with too many regulations, said Margaret D. Stock, a retired lieutenant colonel in the Army Reserve who helped create the program and is now an immigration lawyer representing some Mavni soldiers.In a court filing in July, government lawyers called the Mavni program an “elevated security risk,” and said that some recruits had provided false information to obtain student visas and that others had friends who were associated with foreign intelligence organizations.She said that many highly qualified soldiers who are discharged are told that they failed background checks because they had “foreign ties.”In recent months, dozens of recruits in the program, known as Military Accessions Vital to National Interests, or Mavni, have been abruptly discharged from the service, often with little or no explanation.“Effective immediately, you will suspend processing of all involuntary separation actions,” Marshall M. Williams, the acting assistant secretary of the Army for manpower and reserve affairs, wrote in the order, adding that he should be notified personally before a determination is made in any discharge case involving a Mavni recruit.Recruits in the program still do not know whether the Army will allow them to complete their service and get citizenship, or is merely buying time while it rethinks its strategy for forcing them out.The ICE agents told him he was a flight risk, he said, and made him and his wife wear GPS tracking bracelets around their ankles.The soldiers were recruited mainly for their language skills or medical training.

v. United States Department of Defense, et al., Civil Action No. § 1440 in exchange for his or her military service.

Now, soldiers joining up to be clerks, mechanics and surgeons face the kinds of extensive background checks that were formerly conducted for troops who needed top secret clearance. But with the bracelets, we feel like criminals. The class action alleged that the Defense Department (DoD) has no legal authority to “re-screening” MAVNI enlistees because a MAVNI enlistee was entitled to U.S. citizenship pursuant to DoD’s statutory authority obligations under 8 U.S.C. and F.B.I., a review of at least a decade’s worth of personal finances, an exhaustive questionnaire and numerous lengthy interviews.The memorandum was made public on Wednesday as part of a court filing.“We never violated the immigration laws,” he said. “I need to provide for my family. Kirwa, et al. As litigation is ongoing, MAVNI recruits or attorneys working with individual soldiers should consult with the MAVNI class action website regarding important deadlines and the status of litigation. If you are a service member who has served or is serving in the Selected Reserve of the Ready Reserve (the “Selected Reserve”), who enlisted through the MAVNI program, and who has not yet become a naturalized U.S. citizen, you may be affected by ongoing litigation in the United States District Court for the District of Columbia (the “Court”).
The Army then ordered a halt to the discharges in a memorandum dated July 20.The new requirements made processing each recruit take much longer, and the backlog of reviews piled up into the thousands.