Under U.S. law, any person who is not a U.S. citizen (including refugees) and resides in the U.S. is considered an "alien." Most aliens have some form of legal status in the U.S. But not all - therefore it can be said it may be illegals since not all aliens have legal status ...the point is @Space Ghost has a valid point - if we want to follow the laws and hire those less qualified just to follow the laws - then the waiver should take affect in case the worst case scenario happens, so that SpaceX is not liable I think that would be the perfect solution in this case - the reason I said you are talking nonsense because you're acting like this is any other company like McDonald's - if Musk was in charge of a restaurant business and made the same precautions- then I could see you had a point and you would be talking **** but you were acting like there's no diversion between places of employment with regards to security concerns
The Trump administration disagreed with that. SpaceX doesn’t have to hire anyone…. But it can’t exclude hiring anyone under law. Get your emotions in check. The end.
Woke people don’t understand high tech industries that affect national security they just understand door dash and Uber eats
The government is NOT forcing SpaceX to hire disqualified individuals. SpaceX has the right and is absolutely smart to hire candidates that can do the job. What they can't do is exclude asylees and refugges (discriminate). That's federal law. Concerning your statements on 'not a us citizen (including refugees)', no, that's not the law. Read below. United States of America, Complainant, v. Space Exploration Technologies Corp. d/b/a SpaceX, Respondent. (justice.gov) BACKGROUND 16. Asylees and refugees are migrants to the United States who have fled their home countries due to a well-founded fear of persecution. Once they are granted asylee or refugee status by the United States government, they have indefinite permission to live and work in the United States. 8 U.S.C. § 1158(c)(l); see also U.S. CITIZENSHIP AND lMMIGR. SERV., HANDBOOK FOR EMPLOYERS M-274, 7.3 Refugees and Asylees, https://www.uscis.gov/i-9-central/form-i9-resources/handbook-for-employers-m-27 4/70-evidence-of-employment• -authorization-for3 I certain-categories/73-refugees-and-asylees (last updated July 26, 2023). 17. Lawful permanent residents also have permission to live and work in the United States permanently. 8 u.s.c § 1101(a)(20); see also U.S. CITIZENSHIP AND IMMIGR. SERV., HANDBOOK FOR EMPLOYERS M-274, 7.1 Lawful Permanent Residents (LPR), https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70- evidence-of-employment-authorization-for-certain-categories/71-lawful-permanentresidents-lpr (last updated July 14, 2023). They are issued permanent resident cards, colloquially known as "green cards." Asylees and refugees are not issued green cards. 18. In 1986, Congress amended the INA to prohibit employment discrimination because of citizenship status or national origin in, among other things, hiring. 8 U.S.C. § 1324b(a)(l)(B). 19. Under 8 U.S.C. §§ 1324b(a)(l)(B) and (3), United States citizens and nationals, asylees, refugees, and certain lawful permanent residents, including those who actually hold these statuses or are perceived to hold them, are protected from discrimination in hiring based on citizenship status, unless the discrimination is required in order to comply with a law, regulation, executive order, government contract, or determination by the Attorney General. See id. § 1324b(a)(2)(C). That means that generally an employer cannot deter applicants, refuse to fairly consider them, or reject them for a job because oftheir citizenship or immigration status. 20. Citizenship status discrimination is prohibited during all stages ofthe hiring process, including recruiting, screening candidates, interviewing, and ultimately deciding whom to hire. Eze v. W Cnty. Transp. Agency, 10 OCAHO no. 1140, 5 (2011). 21. Applicants are entitled to "equal, fair, and impartial consideration for employment." Iron 4 Workers Local 455 v. Lake Constr. & Dev. Corp., 7 OCAHO no. 964,632,697 (1997). When employers fail to fairly consider workers based on their citizenship or immigration status, the workers' qualifications are irrelevant as to the question ofliability. Eze, 10 OCAHO no. 1140 at 7. SPACEX AND EXPORT COMPLIANCE UNDER ITAR AND EAR 22. SpaceX designs, manufactures, and launches advanced rockets and spacecraft. Companies, like SpaceX, are subject to export control laws and regulations, including the International Traffic in Arms Regulations ("IT AR") and the Export Administration Regulations (":E;AR"). See 22 C.F.R. pt. 120 (2023); 15 C.F.R. ,pt. 730 (2023). 23. ITAR and EAR restrict an employer's ability to export certain goods, software, technology, and technical data, referred to as export-controlled items. 24. SpaceX officials have repeatedly said publicly that they can only hire U.S. citizens and lawful permanent residents because of export control laws and regulations, like IT AR. 25. But export control laws and regulations do not prohibit or restrict employers from hiring asylees and refugees; those laws treat asylees and refugees just like U.S. citizens. 26. Under IT AR and EAR, "U.S. persons" working for U.S. companies can access exportr controlled items without authorization from the U.S. government. A "U.S. person" under ITAR and EAR, includes a U.S. citizen or national, a lawful permanent resident, a refugee, or an asylee. 22 C.F.R. § 120.62; 15 C.F.R. pt. 772. 27. In contrast, a "foreign person"-anyone who is not a "U.S. person" under ITAR and EARmay need authorization from the federal government to access export-controlled items. 22 C.F.R. §§ 120.62 and 120.63; 15 C.F.R. pt. 772. For a "foreign person" employee to access export-controlled items, their employer must apply to the U.S. Department of State or the 5 U.S. Department of Commerce and obtain approval. 28. SpaceX regularly conducts export compliance assessments, a process to check whether new and existing workers require authorization to access export-controlled items. During this process, new and existing workers identify their citizenship or immigration status and present documentation proving their citizenship or immigration status to show whether they are a "U.S. person" or "foreign person." 29. Despite SpaceX's claims, IT AR and EAR do not contain employment or hiring restrictions. They do not require employers to limit jobs based on citizenship or immigration status. And they do not prohibit employers from hiring asylees and refugees. Thus, they do not create an exception to hiring discrimination under 8 U.S.C. § 1324b(a)(2)(C).
SpaceX has federal contracts through NASA, and as a governmental contractor, are consequently subject to governmental oversight. If you're an entity (public or private) receiving federal funds, you are subject to a myriad of rules and regulations under that contract. The Feds audit these contracts regularly, and if you fail to meet the rules and regulations spelled out in the contract, there are consequences.
@Space Ghost When poor people get handouts should they conform to fed and or state regulations to revive those handouts like work requirements?
As you know, I got admitted to the bar in the US. Then again, you got sued quite a bit, including allegations of fraud, so you have some first-hand experience.
So let's say here and HR manager for SpaceX and then on one hand you have one citizen with a documented verifiable information that goes back 15-20 years perhaps, a paper trail and then on the other hand you have joe blow from Iran that is a refugee and his credentials are trust me bro - in this scenario, who would you hire? I'm not saying exclude anyone I'm saying who would be more qualified, considering what SpaceX is about and the sensitivity nature of the work? @tinman am I missing something- this isn't too hard to figure out is it ? Maybe these refugees should start applying at McDonald's first
"The Bar" isn't a makeshift counter you made into a bar to store liquor in your mom's basement @Nook, do you think this guy ever took a bar exam?
Yawn…. Is it really that hard to admit your were wrong? SpaceX outright refused to hire these folks… Their resumes never made it to the HR manager… Savvy? At this point, you are just a liar if you continue.
Yawn…. Is it really that hard to admit your were wrong? SpaceX outright refused to hire these folks… Their resumes never made it to the HR manager… Savvy?
Actually, I'm hiring and willing to hire refugees- all you have to do is cut yards. It's not exactly rocket science of course without the security issues and valid concerns. trust me, bro resumes are welcome
LOLOLOLOLOL.... you are the one who made up the scenario "trust me, the HR manager is getting two resumes" schtick..... That's the whole reason the DOJ under Trump investigated SpaceX.... because they outright refused to hire these folks. Savvy?
They likely hired more qualified US citizens with an actual paper trail. Nothing wrong with that, especially considering the security concern
