The Biden administration has initiated a lawsuit against SpaceX, the rocket and satellite company owned by Elon Musk, alleging discriminatory hiring practices against asylum seekers and refugees.

The lawsuit claims that from at least September 2018 to May 2022, SpaceX systematically discouraged and declined to hire individuals seeking asylum or holding refugee status, based on their citizenship status, thereby violating the Immigration and Nationality Act, according to a statement from the Justice Department.

SpaceX had allegedly falsely asserted in job postings and public statements over several years that, due to federal export control laws, it could only employ U.S. citizens and lawful permanent residents, commonly referred to as “green card holders.”

However, the lawsuit points out that these export control laws prohibit foreign individuals from accessing export-controlled items without approval from the State Department or Department of Commerce but allow U.S. citizens, residents, refugees, and asylum seekers to be considered for such positions.

Unfair consideeration

The lawsuit further contends that immigrants had virtually no chance of being fairly considered for employment at SpaceX, and the company’s discriminatory hiring practices were routine, widespread, and long-standing, causing harm to asylees and refugees.

The Justice Department also cited Elon Musk’s public statements as examples of discriminatory behavior. For instance, a June 2020 tweet by Musk stated, “U.S. law requires at least a green card to be hired at SpaceX, as rockets are advanced weapons technology.” Additionally, in a September 2016 international conference, Musk allegedly claimed that SpaceX hires required “special permission from the Secretary of Defense or Secretary of State” to comply with International Traffic in Arms Regulations.

SpaceX’s recruiters reportedly cited these laws to reject applicants, resulting in only one asylum seeker being hired between 2018 and 2022, four months after the Justice Department launched its investigation into the company.

SpaceX, which has received billions of dollars in contracts from federal agencies like NASA for communications and satellite technologies, has not yet commented on the lawsuit.

Elon Musk, a South African immigrant who became a naturalized U.S. citizen, is currently facing other legal battles with the federal government following his acquisition of Twitter for $44 billion last year. A recent court ruling accused Musk of trying to establish a favorable relationship with former President Donald Trump by instructing Twitter’s lawyers to deny federal prosecutors access to his account.