On Thursday, the U.S. Justice Department initiated legal action against SpaceX, a rocket and satellite company owned by Elon Musk. The lawsuit alleges that between September 2018 and May 2022, SpaceX engaged in discriminatory practices against asylum recipients and refugees during their hiring process. The Justice Department asserts that SpaceX discouraged these individuals from applying for positions and went as far as refusing to consider hiring them, citing their citizenship status as a basis for this treatment. These alleged actions are said to be in violation of the Immigration and Nationality Act.
The Justice Department’s statement also highlights that over the course of several years, SpaceX inaccurately claimed in job postings and public statements that it was restricted by federal regulations, specifically export control laws, to hire only U.S. citizens and lawful permanent residents, often referred to as “green card holders.”
The lawsuit also draws attention to online statements made by Elon Musk, the company’s billionaire owner. One instance cited is a June 2020 post on the platform formerly known as Twitter (referred to as “X”), where Musk, then having 36 million followers, stated, “U.S. law requires at least a green card to be hired at SpaceX, as rockets are advanced weapons technology.” Musk responded to the Justice Department’s lawsuit by labeling it a political manipulation of the Department of Justice.
Musk further explained, in a post on the same platform, that SpaceX was informed on multiple occasions that hiring individuals without permanent residency in the U.S. could potentially violate international laws concerning arms trafficking, a situation that could lead to criminal consequences.
Kristen Clarke, U.S. Assistant Attorney General in the Justice Department’s civil rights division, noted that their investigation uncovered evidence that SpaceX systematically disregarded and declined to hire asylum recipients and refugees due to their citizenship status. This, according to Clarke, amounted to a de facto ban on hiring them, irrespective of their qualifications, thereby violating federal law. Clarke also emphasized that recruiters and high-ranking officials at SpaceX actively discouraged asylum recipients and refugees from pursuing job opportunities within the company.
As part of its legal action, the United States seeks equitable consideration and retroactive payment for asylum recipients and refugees who were discouraged or denied employment at SpaceX due to the alleged discriminatory conduct, as stated by the Justice Department.