SpaceX Court Win Could End Justice Department Immigrant Lawsuits

A court ruling favoring SpaceX could provide companies with a powerful defense against Department of Justice immigrant-related employment discrimination lawsuits. The DOJ investigated and reached a $25 million legal settlement over employment discrimination with Apple, even though the company said it observed Department of Labor rules when sponsoring immigrants. After the Justice Department filed a lawsuit against SpaceX for discriminating against asylees and refugees, the company argued the agency’s process was unconstitutional, and a federal judge granted a preliminary injunction against DOJ.

On August 23, 2023, the Justice Department alleged in a lawsuit that SpaceX discriminated against asylees and refugees by discouraging them from applying for jobs. Asylees and refugees are individuals approved for asylum and refugee status and waiting for green cards.

The DOJ alleged SpaceX rejected applicants and publicized the company could only hire U.S. citizens and lawful permanent residents due to export control laws. However, the Justice Department stated that asylees and refugees are “U.S. persons” and have the same rights as U.S. citizens and lawful permanent residents to work on sensitive technology under the International Traffic in Arms Regulations and the Export Administration Regulations.

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