04/19/2022
The Great Eye of Sauron has turned its gaze on Elon Musk, the White South African immigrant and tech executive. The reason the Deep State has targeted Musk is his effort to bring freedom of speech to Twitter through an attempt to take it private. It appears that part of the strategy involves attacking Musk’s other famous operation, SpaceX, based on an allegation of refusing to hire certain classes of aliens. Interestingly, Musk’s other famous business, Tesla, was involved in another immigration issue not too long ago, and the issue involved not Tesla, but a German assembly line manufacturer, Eisenmann, whose paint shop technology was purchased by Tesla to paint their electric cars [Industry Still Imports Cheap Foreign Labor in Violation of US Law, by Brenda Walker, VDare, May 17, 2016].
Tesla’s purchase of the paint shop technology included installation by Eisenmann. Immigration law provides an exception to bringing in alien labor for the supervision of or the installation of purchased imported equipment provided the installation work requires specialized knowledge only available from the manufacturer of the equipment. General construction and related labor are prohibited.
In the above case, Tesla was not implicated, but Eisenmann and its labor foreign subcontractor, ISM Vuzem, performed work with illegal alien labor not covered by the above exception to alien labor. Of note is that the Obama Department of Justice (DOJ) and the U.S. Attorney’s Office for the Northern District of California declined to prosecute Eisenmann and ISM Vuzem, specifically ISM Vuzem’s owner, who arranged the illegal use of alien labor, just days after the 2016 Presidential election and after Jeff Sessions was nominated to be Attorney General. It was one of the first moves of the Deep State to sabotage the Trump Administration. All despite the case being open and shut as we call it in the business of putting alien smugglers and immigration fraudsters in prison.
The Next Target Of The Deep State, Elon Musk
But 5 years later, the Biden DOJ has a different plan regarding illegal and other alien labor and Tesla. The DOJ is planning to prosecute Tesla for refusing to hire an alien, possibly an illegal alien.
The U.S. Department of Justice is investigating SpaceX over whether the company discriminates against non-U.S. citizens in its hiring practices and said Elon Musk’s company is stonewalling a subpoena for information, court documents revealed Thursday.
The DOJ’s Immigrant and Employee Rights Section received a complaint of employment discrimination from a non-U.S. citizen claiming that the company discriminated against him based on his citizenship status.
“The charge alleges that on or about March 10, 2020, during the Charging Party’s interview for the position of Technology Strategy Associate, SpaceX made inquiries about his citizenship status and ultimately failed to hire him for the position because he is not a U.S. citizen or lawful permanent resident,” DOJ attorney Lisa Sandoval wrote in a court document filed Thursday. The document was a request for a judge to order SpaceX to comply with an administrative subpoena for documents related to how the company hires.
[Justice Department Investigating Elon Musk’s SpaceX Following Complaint Of Hiring Discrimination, by Michael Sheetz, CNBC, January 28, 2021]
Strangely, there is nothing in the story about who this alien is, not even a name, or what his immigration status is. All we have as evidence of illegal immigration status discrimination is that the person or persons who interviewed this alien in the job selection process asked about his “citizenship status” and that the alleged victim is neither a U.S. citizen nor lawful permanent resident. That is not much to go on, but there are some possibilities.
Technically, it is illegal to ask about immigration status during a job interview; that can only be asked once a job offer is tendered, but as a matter of course no employer wants to waste time on the selection process with an alien who is ineligible for employment. Most employers in tech make it clear on the employment announcement that they will consider and sponsor for a labor certificate petition and NIV only those eligible to be employed. However, the DOJ routinely ignores such violations because it does not waste DOJ resources on low- hanging cases and that question is a de minimis violation. Also of import is that the DOJ has stopped prosecuting cases where employers exclude American citizens and lawful permanent residents in favor of H-1 NIV holders, foreign students, and illegal aliens.
There are some likely scenarios for this alleged victim of immigration related employment discrimination:
First, the alien is in the United States on a work visa, likely H-1 or L-1, the two most common employment-based non-immigrant visas (NIV). However, both those visas are employer specific and an alien’s employment eligibility is conditioned on the alien remaining employed with the employer who filed a petition for that alien. Those two visas are not transferable, but the alien is not precluded from obtaining a new H-1 or L-1 NIV and a petition for labor certification from the Department of Labor (DOL), the first step in obtaining an employment-based NIV, for a new employer. This does involve considerable time and cost in government fees and the use of specialized attorneys.
Second, the alien was in the United States on an NIV that does not authorize employment and the alien was seeking an employer to file a new petition for labor certification, then an NIV. Quite frequently, especially in the San Francisco Bay Area, these are alien students on an F-1 visa seeking employment, or continued employment as students under certain provisions of immigration policy, not law, that provide for student employment.
Third, the alien was in the United States illegally and was seeking employment and sponsorship from Tesla for either an employment-based NIV or lawful permanent residency.
Also possible is that the alleged victim had some sort of other employment authorization such as refugee, asylee, etc. However, such persons are issued an Employment Authorization Document (EAD), similar to a green card, that tells any employer that this is an alien who is authorized employment. There would be no reason for SpaceX to not hire this alien, if they wanted to hire him, all else being equal.
Most likely this alien was either in the United States illegally or was seeking SpaceX to sponsor him for an employment-based NIV or lawful permanent residency, either job-hopping as an H-1 or L-1, or an F-1 who reached the end of his employment eligibility as a student.
Nothing in immigration law or anti-discrimination law requires an employer to sponsor an alien for a labor certification as part of an employment-based NIV or petition for lawful permanent residency. In fact it is well established that for an applicant to be a victim of illegal immigration based discrimination, that alien must be immediately and lawfully employable in the United States. That means that an employer may choose or not to file a labor certification application on behalf of an alien. And since that involves considerable cost, an employer may lawfully discriminate against an alien who requires some sort of immigration petition.
So, what is the strategy of the Deep State in this issue? For some strange reason the reporter is decidedly incurious and there is no mention of the status of the alien involved in either the story or the attached legal filing by the DOJ. You can query Michael Sheetz here. Ask him politely for the necessary details. Note also that this occurred in January 2021, which means the Deep State was actively sabotaging President Trump at the time and was keyed in on Musk as well.
The real issue of concern is the Biden Regime planning to make employers hire illegal aliens. At first thought this is too absurd even for the Biden Regime. But think about it for a moment, and the logic of the ongoing Biden Regime Administrative Amnesty gives us a certain answer: yes, the Biden Regime is planning to end completely the current statutory prohibition on the employment of illegal aliens. The obvious and twisted logic is that if there are 22 million or more illegal aliens, and increasing by over 200,000 every month, those illegal aliens should have the right to provide for themselves. That is just a short step from the logic of and practice of open borders and not much of a leap to more open lawlessness from the Biden Regime.
This is a content archive of VDARE.com, which Letitia James forced off of the Internet using lawfare.