The US government argues that Elon Musk’s company went out of its way to avoid hiring refugees
The US Department of Justice has sued SpaceX for allegedly discriminating against asylum seekers and refugees in the firm’s hiring process. SpaceX CEO Elon Musk has previously claimed that national security laws forbid him from hiring foreigners.
“The lawsuit alleges that, from at least September 2018 to May 2022, SpaceX routinely discouraged asylees and refugees from applying and refused to hire or consider them, because of their citizenship status, in violation of the Immigration and Nationality Act,” the Justice Department said in a press release on Thursday.
According to the lawsuit, SpaceX’s job postings have erroneously claimed for years that only US citizens or lawful permanent residents – often referred to as “green card holders” – could apply, as rocket technology is protected by the State Department’s International Traffic in Arms Regulations (ITAR) laws.
As of Thursday, a SpaceX job listing for a Propulsion Technician warns applicants that they “must be a US citizen, lawful permanent resident of the US, protected individual,” or able to receive a waiver from the State Department to be eligible to apply.
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In a 2016 press conference, Musk said that while he would like to hire talent from abroad, the State Department restrictions prevent him from doing so.
The lawsuit argues that refugees and asylum seekers are entitled to the same employment rights as US citizens, under the 1965 Immigration and Nationality Act. This sweeping law did away with the prior US system of preferential admission, which explicitly favored immigrants from northern and western Europe, and imposed a yearly limit on immigrants from the western hemisphere.