The Department of Justice (DOJ) has taken action against SpaceX, Elon Musk’s renowned aerospace manufacturer, citing alleged violations of the Immigration and Nationality Act (INA).

The lawsuit claims that between September 2018 and May 2022, SpaceX seemingly discouraged asylum seekers and refugees from applying for positions and did not consider or hire them based on their citizenship status.

The DOJ further asserted that SpaceX had job listings which specified only green-card holders as eligible applicants. This condition, the department clarified, contradicts American law. As per U.S. regulations, refugees possess “permission to live and work in the United States [that] does not expire, and they stand on equal footing with U.S. citizens.”

Kristen Clarke, assistant attorney general, stated, “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.”

According to the lawsuit, out of more than 10,000 individuals hired by SpaceX, only one identified as an asylee in their application. However, the backdrop to SpaceX’s hiring practices paints a more complex picture.

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In 2016, addressing the International Astronautical Congress in Mexico, Musk was questioned about the predominance of American employees at SpaceX.

Musk explained, “Unfortunately, this is not up to us. If you’re working on rocket technology that’s considered an advanced weapons technology. So even a normal work visa isn’t sufficient unless you get special permission from the secretary of defense.”

Musk emphasized that the company’s hiring constraints aren’t arbitrary. Rather, they stem from legal restrictions tied to the sensitive nature of rocket technology.

He elaborated, “This is not out of some desire of SpaceX to just hire people with green cards — it’s because we’re not allowed to do anything else.”

“I think this is not a wise policy for the US because there are so many talented people all around the world that we would love to have work at our company,” Musk continued. “But unless [they] can somehow get a green card, we’re legally prevented from hiring anyone.”

SpaceX’s operations fall under the purview of the International Traffic in Arms Regulation (ITAR). This policy restricts foreign nationals from engaging in activities vital to American national security.

An immigration lawyer knowledgeable about export controls told CNN, “They [SpaceX] can lose the contracts” for not complying with ITAR. “The penalties for violating export control license are very substantial.”

The investigation into SpaceX’s hiring practices was first initiated in June 2020.

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