Elon Musk reacts to Biden’s lawsuit against SpaceX.
A Lawsuit Against SpaceX Highlights the Politicization of the U.S. Department of Justice
According to businessman Elon Musk, a new lawsuit against SpaceX is a clear example of the politicization of the U.S. Department of Justice (DOJ). President Joe Biden’s DOJ recently sued Musk’s company, alleging that SpaceX showed a preference for hiring U.S. citizens and permanent residents over individuals granted asylum or refugee status.
In response to the lawsuit, Kristen Clarke, assistant attorney general of the DOJ’s civil rights division, stated 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.”
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Musk argues that SpaceX was informed that hiring individuals who were not permanent residents of the United States would violate international arms trafficking law, which is a criminal offense. He expressed frustration, stating, “We couldn’t even hire Canadian citizens, despite Canada being part of NORAD! This is yet another case of weaponization of the DOJ for political purposes.”
Explaining the fundamental principle of the International Traffic in Arms Regulations (ITAR), Musk emphasized that U.S. companies with advanced weapons technology, such as rockets with intercontinental range, must hire individuals who are permanent American residents to prevent the technology from falling into the wrong hands.
ITAR is a set of U.S. rules that govern companies involved in the production of certain items and technology. SpaceX, as a rocket producer, falls under these regulations. The rules restrict access to these items and technology to U.S. persons, including U.S. citizens, permanent residents, refugees, and asylees. Foreign persons, such as those with work visas but lacking permanent resident status, require authorization from the federal government.
Over the years, Musk and other SpaceX officials have consistently stated that they would focus on hiring U.S. citizens and permanent residents to comply with ITAR and other regulations. However, the new lawsuit claims that SpaceX’s rejection of applicants with asylum or refugee status constitutes discriminatory hiring practices that violate a different law prohibiting discrimination based on citizenship status or national origin.
The DOJ issued guidance earlier this year clarifying that ITAR and related rules do not impose employment or hiring requirements, and employers are not obligated to limit jobs or recruitment to U.S. citizens or workers with specific citizenship or immigration statuses.
The lawsuit has been submitted to an administrative law court specializing in issues related to the Immigration and Nationality Act. Critics of the lawsuit argue that it may not hold up under scrutiny.
So, if I let a non-U.S. citizen see our rocket…
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