The Biden administration on Aug. 24 sued a company owned by Elon Musk, alleging that the firm discriminates against immigrants.
SpaceX violated federal law by only hiring U.S. citizens and permanent residents, the U.S. Department of Justice (DOJ) said in the lawsuit filed in federal court.
“Our investigation found that SpaceX failed to fairly consider or hire asylees and refugees because of their citizenship status and imposed what amounted to a ban on their hire regardless of their qualification, in violation of federal law,” Kristen Clarke, assistant attorney general of the DOJ’s civil rights division, said in a statement.
SpaceX officials didn’t respond to a request for comment.
The Immigration and Nationality Act was updated in 1986 to bar companies from discriminating against refugees and people granted asylum. The law applies to all steps of hiring, including recruiting and interviewing.
Illegal immigrants are granted asylum or refugee status, giving them permission to remain in the country indefinitely. They aren’t given green cards. In contrast, immigrants who become lawful permanent residents are given green cards.
Mr. Musk, who is SpaceX’s CEO, is among the company officials who have said the company would only hire citizens or those with permanent status.
“U.S. law requires at least a green card to be hired at SpaceX, as rockets are considered advanced weapons and technology,” he wrote in one social media post in 2020.
Mr. Musk has said the hiring requirements are to comply with the International Traffic in Arms Regulations, which governs companies such as SpaceX that manufacture certain items and technology.
Normal work visas aren’t enough to secure a job at SpaceX unless the company can get “special permission” from the government, Mr. Musk said during a 2016 conference.
In another public statement, he said his first piece of advice to people who aren’t U.S. citizens and want to work at SpaceX would be to “do anything you can to get a green card.”
That understanding of the law was incorrect, and the way it was applied was illegal, according to the new lawsuit.
