SpaceX has sued the U.S. government, challenging the Department of Justice’s (DOJ) authority to hear an administrative case accusing the company of refusing to hire refugees and asylees. The lawsuit, filed in Texas federal court claims that the DOJ’s administrative judges are not properly appointed and that keeping the case out of court deprives SpaceX of its constitutional right to a jury trial.
The DOJ filed an administrative complaint against SpaceX last month, alleging that from 2018 to 2022, the company routinely refused to hire people who were not U.S. citizens or green card holders. SpaceX has denied the allegations, saying that it has employed hundreds of non-US citizens. However, the company also argues that some of its projects have national security implications and that it could face steep fines for employing foreign workers.
In its lawsuit, SpaceX argues that the DOJ’s administrative case is unconstitutional because it is being heard by judges who are not properly appointed. The company cites a 2022 federal appeals court ruling that said in-house enforcement proceedings by the Securities and Exchange Commission were unconstitutional. The Supreme Court is set to review that decision in June.
SpaceX also argues that the case against it should be heard in a federal court because it seeks monetary penalties under federal employment discrimination law. The company is asking the court to block the administrative case from moving forward pending the outcome of its lawsuit.
The sources for this piece include an article in NewYorkPost.