Foreign Recruits Can Pursue Reworked Army Discharge Suit 1 Foreign Recruits Can Pursue Reworked Army Discharge Suit
Law360 (June 3, 2021, 8:42 PM EDT) — A cohort of noncitizen military recruits can move forward with an expanded class action alleging that the U.S. Army discharged them without appropriate notice or explanation, a D.C. federal judge determined on Thursday, accepting their third amended complaint.

U.S. District Judge Paul L. Friedman rejected the Army’s argument that the decision to dismiss the foreign-born recruits fell within the military’s broad discretion to manage itself, a conclusion he said his predecessor, U.S. District Judge Ellen S. Huvelle, also reached long before the case was reassigned last fall.

“This is a claim about process, and courts in this circuit have long recognized…