The U.S. Department of Justice (DoJ) has filed a lawsuit against SpaceX, alleging that the company unlawfully discriminated against refugees and asylees in its hiring practices. The DoJ asserts that SpaceX’s actions violated the Immigration and Nationality Act (INA), as the company discouraged and refused to hire asylees and refugees based on their citizenship status.
The legal proceedings come after an investigation conducted by the Immigrant and Employee Rights Section in May 2020.
SpaceX purportedly claimed that it was constrained by export control laws, such as the International Traffic in Arms Regulations (ITAR), and could only employ U.S. citizens and permanent residents due to its involvement in manufacturing rockets and related technologies. However, the DoJ contends that ITAR regulations do not preclude the employment of asylees and refugees, who hold a similar legal standing to U.S. citizens.
The lawsuit cites public statements made by Elon Musk, the founder of SpaceX, as well as statements from company executives and recruiters, along with job postings that echoed the sentiment of only hiring U.S. citizens due to ITAR regulations.
The lawsuit further alleges that SpaceX’s own hiring records, obtained through a subpoena, reveal that the company consistently rejected applicants identifying as asylees or refugees under the assumption that they were ineligible for employment under ITAR. Notably, among more than 10,000 hires made between September 2018 and May 2022, SpaceX employed only a single asylee, shortly after the investigation was initiated.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “Asylees and refugees have overcome many obstacles in their lives, and unlawful employment discrimination based on their citizenship status should not be one of them. Through this lawsuit, we will hold SpaceX accountable for its illegal employment practices and seek relief that allows asylees and refugees to fairly compete for job opportunities and contribute their talents to SpaceX’s workforce.”
The lawsuit emphasizes that SpaceX hires for a diverse array of roles, ranging from welders, cooks, crane operators, baristas, and dishwashers, not exclusively positions requiring advanced degrees.
The DoJ’s legal action seeks redress for asylees and refugees who were adversely affected by the alleged discrimination, in
