US Division of Justice (DOJ) attorneys have requested a federal court docket in Texas to finish a brief pause on a case accusing Elon Musk’s tech firm SpaceX of discriminating in opposition to immigrant job candidates.
The DOJ’s movement to finish the preliminary injunction—a brief court docket order stopping one get together from taking additional authorized motion till the decide points a last judgment—goals to raise the injunction inside 30 days. Ending the pause would permit the DOJ’s Civil Rights Division to dismiss the case with prejudice, which might forestall the DOJ from submitting the identical lawsuit once more sooner or later.
The movement, filed Thursday, comes after a year-long pause on a case initially introduced by the DOJ in opposition to SpaceX in August 2023. The unique criticism alleged that SpaceX had discriminated in opposition to asylees and refugees in on-line job posts and in statements made by SpaceX’s CEO and different officers. Extra particularly, the DOJ asserted that SpaceX discouraged immigrants from making use of to jobs throughout the firm, discriminated in opposition to candidates throughout the hiring course of, and refused to rent candidates due to their nationality standing. In response to the criticism, SpaceX “wrongly” asserted that US export legal guidelines prevented the corporate from hiring anybody apart from authorized everlasting residents or residents. The DOJ contended that SpaceX’s discriminatory actions violated 8 USC § 1324b of the Immigration and Nationality Act (INA), noting that asylees and refugees qualify for authorized everlasting resident standing below 8 USC § 1158(c)(l).
Musk responded to the allegations on his official X account in August 2023:
SpaceX was informed repeatedly that hiring anybody who was not a everlasting resident of the US would violate worldwide arms trafficking regulation, which might be a felony offense. We couldn’t even rent Canadian residents, regardless of Canada being a part of NORAD! That is one more case of weaponization of the DOJ for political functions.
SpaceX filed a preliminary injunction in response to the criticism on November 2023, blocking the case from shifting ahead till the decide was in a position to overview all proof and problem a judgment. In its resolution, the court docket decided that SpaceX would seemingly endure “irreparable” hurt if the court docket didn’t grant the injunction whereas the DOJ wouldn’t endure that very same hurt.
The DOJ has not issued an announcement as to why it moved to dismiss the case.