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11/09/2025

Legal Process Begins for Hyundai Factory Workers Detained in Georgia, South Korea Secures Repatriation




Legal Process Begins for Hyundai Factory Workers Detained in Georgia, South Korea Secures Repatriation
Hundreds of workers, mostly South Korean nationals, detained during a sweeping U.S. immigration raid at a Hyundai-LG battery plant in Georgia are now being released and flown home, following legal reviews and diplomatic pressure. The arrests, which numbered about 475, sparked concern over whether many of those detained had broken visa rules at all, and triggered a diplomatic row between Washington and Seoul. As administrative and legal proceedings unfold, the incident is also testing the relationship between the U.S. and South Korea over trade, visas and foreign labor policy.
 
Release and Return Home of Detained Workers
 
After multiple days of detention, the bulk of South Korean workers arrested in the Georgia facility have been cleared to return home. At least 316 of them are being repatriated via a chartered flight, once the required paperwork is completed. These workers include engineers, technicians, installers of battery equipment, and specialist contractors, many of whom were engaged under short-term visa programs—such as ESTA or B-1 business visitor status—with letters attached to their visa applications describing specific temporary work allowed under those programs.
 
Some of those arrested remain under review or in removal proceedings, especially those without clear legal authorization or whose visa status is being challenged. A few South Koreans have expressed desire to stay in the U.S., citing family or work circumstances, and those requests are being evaluated individually. Meanwhile, non-Korean detainees are generally still in custody pending the outcome of immigration enforcement actions.
 
Legal Review and Visa Disputes
 
Legal advocates and attorneys for many of the detainees contend that a significant number of those detained were working within the scope permitted by their visas. One leaked internal immigration document described a South Korean worker with a valid B-1/B-2 visa who was employed by a contractor and was not found to have violated the conditions of that visa, yet was still being processed for removal. Lawyers argue that in such cases, detaining valid visa holders without clear violations runs counter to immigration law.
 
Many working in the plant under ESTA or B-1 visas were involved in specialized tasks like equipment installation, calibration, or technical installations—not general manual labor or construction. U.S. regulations allow temporary business visitors in certain limited roles, such as servicing or training in commercial or industrial equipment purchased from abroad, or training U.S. workers to use such equipment. Dispute centers on whether the specific tasks performed exceeded what is allowed under those categories.
 
Those representing the workers maintain that many visa applications included detailed letters that described the exact scope of the permitted work—more detailed, in some cases, than usual. Legal proceedings are continuing to determine who among the detained will be eligible for voluntary departure rather than forced removal. Voluntary departure allows them to leave the U.S. without some immigration penalties, though it may still impact future ability to re-enter. Others may face removal proceedings if judged to have violated visa terms or immigration laws.
 
Diplomatic Fallout and Bilateral Tensions
 
The detentions have led to immediate diplomatic action. South Korea’s government set up a special task force, dispatched diplomats to Georgia, and elevated the issue to high levels. President Lee Jae Myung has described the incident as “bewildering,” warning that such large-scale immigration enforcement at foreign-operated facilities could damage future foreign direct investment from South Korea into the United States.
 
The U.S. government, in turn, paused some planned deportations temporarily amid negotiations to allow certain workers to stay to train American workers, a request made by Korean officials. During talks, Washington signaled it would delay or reconsider strict removal in specific cases where workers have skills and there is documented work authorization or specific job descriptions attached to their visas.
 
The episode comes at a sensitive moment: U.S.-Korea trade negotiations include substantial South Korean investment into U.S. manufacturing, including electric vehicle and battery plants. The raid puts pressure on both sides to address visa policy, foreign worker legal status, and enforcement policy in a way that preserves trade cooperation. South Korea is pushing for reforms in U.S. visa categories to prevent recurrence of similar incidents, especially for skilled short-term technical workers. In public statements, Seoul has emphasized that these workers are not criminals and that legal and procedural clarity is needed.
 
Broader Implications for US-South Korea Relations
 
The incident has already raised concerns among South Koreans about the perception of foreign workers and how legal processes are applied. There is fear that media coverage and the photographic release of videos showing handcuffs or restraint could harm public trust and discourage skilled workers from accepting temporary assignments in the U.S. Companies from South Korea, which have invested heavily under the assumption of secure labor arrangements, are examining what legal risk such projects now face.
 
In Washington, the enforcement action reflects broader policy stances on immigration, border control, and foreign labor, especially under stricter interpretation of visa programs. It also highlights pressure from political leaders advocating both for enforcement of immigration law and for ensuring that investments from overseas partners continue. Administrations in both countries now appear to agree on the need for clarifying what is allowed under short-term business or technical work visas, and how skilled foreign contractors should be treated.
 
Key to resolving tensions will be whether visa policies are adjusted to accommodate foreign technical expertise, whether legal authorities can distinguish properly between unauthorized labor and permissible temporary work, and whether future enforcement actions consider diplomatic, economic, and trade consequences. The legal outcomes for the detained workers—whether voluntary departures, dismissals of removal proceedings, or repatriation without penalty—will be closely watched as setting precedent.
 
As the immediate detained group journeys back home, many expect that this case will catalyze changes in how U.S. immigration law and policy treats short-term technical workers, and force both governments to streamline visa processes and improve oversight.
 
(Source:www.reuters.com)

Christopher J. Mitchell

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