Sure, but shouldn't the government design them to minimize the cost created by the interaction? It seems silly that it's illegal to discriminate against some categories of non-citizens and illegal not to discriminate against other categories of non-citizens.

> Sure, but shouldn’t the government design them to minimize the cost created by the interaction?

That’s definitely an argument Tesla might want to make to Congress and the State Department (as the relevant regulatory authority for ITAR) as to what the law and regulation should be.

“We think a different policy than that embodied in the current law would be better policy” is less useful as an argument to escape the legal consequences of violating the existing law.

> That’s definitely an argument Tesla might want to make to Congress and the State Department

I'm guessing you meant to say SpaceX and not Tesla.

I believe it’s because of the different standards of vetting the US government does for attaining refugee or asylum status vs a work visa.