Biden's DOJ is charging Elon's Space X with discrimitory practices because he will not hire illegal aliens Does this make sense? ?

[exitseven]

Space X will only hire citizens and non citizens that have proper documentation. I always thought it was illegal to hire illegal aliens. Is Biden's DOJ punishing Elon Musk for obeying the law?

Updates

+1 y

President Trump returned to Twitter yesterday to post his experiences in Georgia. He has been allowed back since Elon Musk bought it. Coincidence?

[abc3643]

That's bullshit and either you know it and are trolling or you are an idiot.
I'd like to think you are not the latter.

Did you do your due diligence?
No, so I'll have to do it for you.

This is the Department of Justice's complaint.
https://www.justice.gov/media/1311656/dl?inline
==========
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER

UNITED STATES OF AMERICA,
COMPLAINANT,
V.
SPACE EXPLORATION TECHNOLOGIES CORP. d/b/a SPACEX,
RESPONDENT

8 U. S. C. § 1324b PROCEEDING

COMPLAINT
Complainant, the United States of America, alleges as follows:
1. From at least September 2018 to at least May 2022, SpaceX discriminated against asylees
and refugees throughout its hiring process, including during recruiting, screening, and
selection, in violation of the Immigration and Nationality Act ("INA"). Because of their
citizenship status, asylees and refugees had virtually no chance of being fairly considered for
or hired for a job at SpaceX.
2. In online postings and statements by SpaceX's CEO and other SpaceX officials and
recruiters, SpaceX discouraged asylees and refugees from applying to the company by
wrongly stating that SpaceX can only hire U. S. citizens and lawful permanent residents.
3. As to those asylees and refugees who did apply for jobs at SpaceX, the company failed to
fairly consider and refused to hire them because oftheir citizenship status.
4. SpaceX' s discriminatory hiring practices were routine, widespread, and longstanding, and
·harmed asylees and refugees.
5. Complainant, through the Immigrant and Employee Rights Section ("IER"), an office within
the Civil Rights Division ofthe U. S. Department ofJustice, brings this action to enforce the
anti-discrimination provision of the INA, 8 U. S. C. § 1324b, to stop SpaceX's discriminatory
practices, and to seek relief for victims of discrimination.
...

========
OK, this is the statute being referenced:
8 U. S. Code § 1324b - Unfair immigration-related employment practices
https://www.law.cornell.edu/uscode/text/8/1324b
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324b&num=0&edition=prelim
=================

Asylum seekers and refugees may not yet be citizens or permanent residents, but they are not "illegal aliens" and are entitled to attempt to find employment like anyone else. After all, if they're not working, then they are living off the taxpayer until their destiny is resolved.

=================
NOW, I WILL DEFEND SPACE-X.

Space-X should use the defense that their work involves or may involve national security and thus ITAR and EAR because the technology involved is sensitive thus usually requiring "United States Persons" (citizens or permanent residents) for the positions.

ITAR = International Traffic in Arms Regulations
EAR = Export Administration Regulations

Definition of a United States Person
https://www.law.cornell.edu/uscode/text/22/6010

This sort of explains it:
https://securiti.ai/blog/itar-requirements-for-employee/
If you are a business that deals in defense-related items and employs foreign workers, you must comply with International Traffic in Arms Regulations (ITAR). The regulation is designed to protect defense-related sensitive items, patents, and data to help safeguard the national security of the US. Therefore, understanding and following ITAR requirements for employees is crucial to prevent non-compliance and potential harm to the US.
===
However, not all jobs at a high-tech or defense firm like Space-X require access to material subject to ITAR or EAR, so asylees and refugees can legally work those.

This sort of explains it.
https://www.globaltradelawblog.com/2020/04/08/us-export-controls-anti-discrimination-laws-when-recruiting-and-hiring-foreign-nationals/

Refresher: How to Comply With U. S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals
...
Export Controls Restrictions

The State Department’s International Traffic in Arms Regulations (ITAR) and the Commerce Department’s Export Administration Regulations (EAR) prohibit disclosing controlled technical information* to a foreign person without proper export authorization. Disclosure includes any simple verbal or visual access to that information. A foreign person is defined as anyone who is not a U. S. citizen, a U. S. lawful permanent resident, or a refugee or asylee protected under U. S. law. For that reason, an employer is required to obtain proper export control authorization for foreign persons to access controlled technical information.

Depending on the nature of the technical information, obtaining the right export control authorization can be expensive and time-consuming. Moreover, the State and Commerce Departments might not grant the required authorization. The State Department has a presumption of denial for export licenses to countries listed under 22 C. F. R. §126.1(d)(1). In addition, once the foreign person is onboarded, and before the appropriate export authorization is obtained, the company must implement internal controls to protect against unauthorized electronic or visual disclosure of controlled information to that foreign person. Those controls could include passwords on file sharing sites and employee badge coding to limit access to certain areas of a factory. Those pressures lead some companies to seek out U. S. citizens for positions involving export controls and potentially violate anti-discrimination laws.

===

Space-X is trying to cut costs and not bothering hiring people for whom they have to deal with extra bureaucracy. The problem with Space-X in this situation is that you have to hire first and, if the person is problematic from an ITAR/EAR perspective, then the employee is simply not permitted to work on that stuff. This is because a company that wants an employee to work on ITAR/EAR stuff must get a license from the Federal Government for that employee.

So, put another way, you can't discriminate during the hiring process and if the employee needs to do ITAR/EAR, we'll come to that bridge when we cross it.

I feel for Space-X though. If you know the employee is going to be doing ITAR/EAR, it just seems appropriate to dissuade people who cannot realistically have a career from applying. But, they still have allow them to apply and consider them. Space-X asserted they could only hire US persons, but that's not the case and that's considered discriminatory and violates the Immigration and Naturalization Act.

I am muting this question.

[Lliam]

ICE used to raid businesses that employed illegal aliens. The aliens were deported and the businesses were fined.
https://www.bakerdonelson.com/historic-95m-fine-issued-against-company-for-hiring-undocumented-workers

I seem to recall scandals in which elites or elected officials were caught employing illegal nannies.

What about "illegal" is hard to understand?

Demented Joe and his administration continue to get more insane.

Has congress passed a new law legalizing the hiring of people who are in this country illegally? Has ICE been disbanded?
Is there a new Affirmative Action Initiative requiring that a certain percentage of employees must be illegal aliens?

[Yabbut]

Wait... isn't it illegal to hire illegal aliens?

[exitseven]

Exactly

[OlderAndWiser]

It’s politics. It doesn’t make sense. Nothing about the far left makes sense.

[D_Bone_Steak]

We're watching a revolution. The idiots that think they're punk rock are actually just in line with Amazon. com and this is all good for them until they're doing hard labor. We're about to become communist friend. Most don't realize it yet. Hide food because we're going to be pretty hungry.

[exitseven]

I have been stockpiling stuff since 2020 and I am going to start stockpiling ammo.

[Anonymous]

Should this surprise anyone? After Trump was indicted I think the mustard was off the hot dog. The Biden administration is going to keep going with this witch hunt until the American people stand up and say STOP! It a power grab that they know they can push right now to enact any change they want because they'll just fall back on they're "protecting" America. And if America does stand up and say STOP (which America will at some point) then the democratic party will turn on Biden and offer him up as a sacrificial lamb of sorts. "This was all initiated by a feeble old man". Will be thier cry. But the damage will be done at that point. It's all a power grab. It's how the democrats operate. This is how the seize power. This is thier form of capitol riot.

[Jersey2]

I fully believe the DOJ is corrupt and Biden will go down in history as a President who could be bribed and who abused power… he could seriously start civil disturbances with actual armed people in the streets.

NASA can‘t really do much and is dependent on outside firms, SpaceX being the most competent by far. And by hiring only US citizens it limits they of intellectual property by China and others.

[Jersey2]

Theft of *

[jshm2]

You're talking shit.

SpaceX has allegedly broken employment and immigration laws by discriminating against green card holders.

A "green card holder" is someone who has the same legal rights as a citizen, though not a person born in the US. SpaceX alleged that these people were not US citizens - which is legally wrong - and thus can be prosecuted in a court of law.

[Drewtate]

A green card holder is a non citizens that have proper documentation and permanent resident status.

[TadCurious]

I wasn't aware of this but it's not surprising to me. The Biden administration is absolutely lawless when it comes to immigration.

[msc545]

In fact - A Justice Department complaint says that Elon Musk’s rocket company violated federal law by refusing to hire certain foreign nationals with U. S. work permits."

See the part about WORK PERMITS? Do you think that changes things? I do. You conveniently left it out.

[msc545]

www.politico.com/.../spacex-discrimination-complaint-00112834

[exitseven]

I just saw the part where they would not hire the illegals. The DOJ called them asylum seekers but as Shakespere said A rose under any other name will still stink to high heaven.

[exitseven]

@msc545. According to the DOJ they allege that they discouraged asleep and refugees from applying for open positions. It says they rejected them because of citizenship status. Nowhere does is mention valid permits. This the official DOJ website. It is clear that they are calling them "asylees" instead of illegal aliens but if the shoe fits you ought to wear it

[msc545]

Yeah I know this has nothing to do with shoes. It has to do with the fact that you omitted either purposely or accidentally important information which explains exactly why this happened. It's about the work permits. If you have a valid work permit then it's illegal for a company to discriminate against you.

[Daniela1982]

But which of these illegal immigrants is qualified to work in the rocket industry? My bet is none.

[msc545]

You may be right about a lack of qualifications, but I guarantee you these people are qualified to do a menial work and in a industrial setting of this size. I promise you there is a ton of menial work to be done. Somebody has to do it. Also, don't be so sure that none of them are qualified to work on rockets given that their countries of origin may have better engineering schools than are available in the United States. This is particularly true of both India and Pakistan. Also, in these countries the government actually pays people to go to college whereas in the US. As you probably know, people pay through the nose to attend college here. That alone will ensure a larger pool of applicants in the countries where college is paid for and therefore a greater chance of people excelling.

[KrakenAttackin]

So now people with work permits are a "protected class"?

[exitseven]

@msc545 I saw the part about work permits. However , nowhere does it say they were legal residents. They call them refugees and asylum seekers. That would mean nothing to me. I think that a private enterprise can have the right to not hire anyone that is not a legal resident. Nowhere is it mentioned if any of these asylees can speak a word of English. Are any of the refugees capable of doing math at a 6th grade level? Are we to be forced into hiring substandard workers to support Biden's political agenda? Is this the American way?

[msc545]

Nobody's forcing anybody to hire anyone basically. Your problem is that you don't like the idea that an immigrant legal or not with a legal work permit or not can get enough work to sustain themselves. I'm sorry I like you a lot but that is just pure racism.

[Daniela1982]

That's not racism. It's a fact that a company does not have to hire anyone that is not qualified to do certain jobs. They had that when the Vietnamese came over and the government forced the Post Office to hire Vietnamese, even though they could not speak English or read or write English. Well guess what, it was one big cluster fuck and these guys delivered mail all over the place except the right address.

[msc545]

@KrakenAttackin No of course not, but racial discrimination is illegal under Federal Law, I think:

www.justice.gov/.../federal-protections-against-national-origin-discrimination-1

[Red_Arrow]

DOJ calls them refugees and asylum seekers because they are. It may not mean anything to you, but it does mean something to those who respect and follow our laws. So they are legal. And many of the refugees and asylum seekers can do math at a much higher level than you. And many are probably much more knowledgeable about our laws than you.

[exitseven]

@Red_Arrow Yes especially the laws about how much welfare money they can sign up for.

[msc545]

What laws? Please cite the code (s) and code sections so I can look them up - if they exist.

[Anonymous]

Of course it makes sense. Biden is a criminal so his appointees will do whatever he wants because they are also criminals. The House will not move to impeach because they are cowards and value their donors (many who are also Biden’s) These things will keep happening where innocent people are prosecuted by corrupt officials and corrupt district attorneys and gullible jurors who will then be sentenced by Marxist judges. But it’s okay, I still have my freedoms……to abort my baby.

[NamerOfStars]

No- but then, that's not what's happening. Approved refugees and asylum seekers aren't illegal aliens.

Duplicity doesn't make your argument stronger.

[exitseven]

The immigration laws were never changed they are just selectively enforced. As far as i am concerned they are all illegal aliens. They are in america illegally. They can call themselves whatever they want to. It doesn't change a thing.

[NamerOfStars]

Refugees and asylum seekers AREN'T here illegally- they've specifically been ALLOWED in, just like legal immigrants. THE LAW calls them that. Are you saying you don't care what the law says, or is this just mindless liberal-bashing?

[exitseven]

@NamerOfStars The law does not call them that. The la

ws were never changed. Biden does not enforce the laws and lets anyone in. Then they call them" undocumented workers" or "asylees" instead of illegal aliens which is what they are. To be a refugee there are certain criteria that must
be met. The vast majority (90'+%) do not meet tha standards. They are just here for the handouts. Biden lets them all in, the democrat states give them all drivers licenses and then they can vote. The law says that they cannot legally vote but in democratic states they do not have a system to check to see whether they are citizens s or not.

50

[NamerOfStars]

That would be a "yes" then. Pity.

[gorydetails]

Well, that's the corrupt Biden DOJ for you. When you speak out against the regime, you get the weight of law enforcement.

[CaptainSmartass]

They're probably charging him because he needs to see their papers. The left want illegals to have jobs, even though they have no right being here.

Simples...

[Avicenna]

But, but, but the leftists claim the reasonable inference that they want to replace US citizens with illegal invaders is a 'conspiracy theory"!

[Drewtate]

The Biden regime is selectively targeting anyone who may speak out against them. How many refugees does the DOJ hire?

[DextroShade]

Yet more proof that Biden is a wannabe communist dictator who is using the legal system to punish his enemies.

[RealMarek]

I’m sure the game being played is that the regime gives these illegal aliens work permits.

[AngryCarl2]

Why are you describing refugees legally residing in the country as "illegal aliens"?

[Jamie05rhs]

Holy shit. I was just about to say EXACTLY what you said in your update! (And then I read your update.)

[Jamie05rhs]

These are the same convenient coincidences that cause Donald Trump to be indicted every time more information comes out about Joe Biden's son.

[peedy]

Thats what dictators do they kill or imprison the people who are a threat to their power

[strateguy632]

they are crazy

[Sparkie460]

Does anything about Biden make sense

[Fuentes]

These liberals are insane

[Miah05]

Okay

[KrakenAttackin]

Insanity.

[jimmy2]

What a fuvking joke