Sav Morn News: Details emerge on ICE Hyundai raid

[neillh...@earthlink.net]

Immigration lawyer: Korean nationals from Hyundai megasite raid 'were not deported'

Joseph Schwartzburt

Savannah Morning News

• Federal agents detained nearly 500 individuals during a raid at the HL-GA Battery Company site in Georgia.
• The raid, dubbed "Operation Low Voltage," targeted alleged immigration and employment violations.
• Many detained foreign nationals, including skilled workers from Korea, were later released or returned to their home countries.

"Every so many months, a rumor would float around that they're gonna hit the job," said a confidential source working on the HL-GA Battery Company site in Ellabell, Georgia. The source was referring to U.S. Department of Homeland Security Investigations (HSI) and U.S. Immigration and Customs Enforcement (ICE), which ultimately did conduct Operation Low Voltage the morning of Thursday, Sept. 4.

The source was offered anonymity for fear of reprisal.

 

The source said around 10 a.m. that day they received messages from fellow employees that unfamiliar vehicles with law enforcement officers inside were spotted on the construction site. The source said that a rumor of a pending raid had spread on Sept. 3 and apparently deterred about half the total workers from clocking in on Sept. 4. The source has been on the job site over a year and stated that similar rumors of raids had spread four or five previous times within the year. With each rumor, the source noticed a drop in attendance the following day.

 

Shortly after the messages were received, law enforcement agents appeared.

LG battery plant ICE operation: Details emerge after raid of Hyundai megasite in GeorgiaLegislator says Hyundai reps told him there were no illegal workers at the megasiteHyundai raid called "largest single site enforcement operation in the history" of agencySavannah area Hyundai plant site raided by ICE and Homeland Security agents

 

Detained for verification

 

The source said that officers allegedly instructed released individuals who could prove citizenship or legal work authorization to leave personal items behind and head home for the day.

Law enforcement officials did not release roughly 475 individuals. The source said some detainees were zip-tied before being taken aboard charter buses.

 

The source's interpretation of the operation outside of the battery plant was that it was orderly. The source said officers "rounded up everyone into groups and set up temporary checkpoints with folding tables and laptops" to review documents and verify identities. "I don't know if any [foreign nationals] knew what was going on when it happened," the source added, noting that law enforcement officials did not appear to have Korean translators present.

 

Atlanta-based immigration lawyer Charles Kuck, founding partner of Kuck Baxter and Emory Law School adjunct professor, confirmed Friday that he was hired by one of the Hyundai megasite employers to represent seven Korean and three Japanese nationals. He would not confirm which employer because the case is ongoing. Additionally, families of two Mexican nationals and one Columbian national also hired him. All his clients had been detained at Folkston. He added that they all had valid work authorization, but many did not have it on their person during the raid.

 

Kuck said all his Korean and Japanese clients have been released and returned or are returning to their home countries. Another of his clients was released due to Deferred Action for Childhood Arrivals (DACA) status. He underscored that Korean nationals in particular "were not deported and they can all come back tomorrow" citing South Korea's diplomatic efforts to transport the former detainees home.

On Monday, Sept. 15, LG Energy Solutions' (LGES) Communications and Government Affairs Manager Phil Lienert confirmed that all 46 LGES employees of Korean descent returned safely to Korea.

 

Kuck also pointed to reports, such as that of Reuters on Sept. 11, that said Korean Foreign Minisiter Cho Hyun's meeting with U.S. Secretary of State Marco Rubio included assertions by President Donald Trump that Korean nationals could stay or return without issues to train American workers. Kuck said, "It is telling that the president got involved to fix an ICE mistake."

From Kuck's position, the mistake was in the "belief that America is the source of all world technology." He said Korean nationals at the battery plant were overseeing construction and installation of proriatary technologies and equipment, which is allowed under B-1 Visas, which U.S. workers simply cannot do.

 

An example Kuck gave was machines that calibrate exact chemical analysis of each battery as it comes off the assembly line. "We should be thankful that they're coming and sharing it [their knowledge] with us," he said.

Reuter's reporting, also states that lawmakers in Seoul have acknowledged confusion and "overstepping of the boundaries of a 90-day visa waiver programme or a B-1 temporary business visa" amid ongoing frustration with securing temporary work status for Korean nationals meant to train U.S. workers.

 

Kuck also said his clients confirmed that HSI and ICE officers did not have Korean translators present on Sept. 4. His clients claimed that officers were trying to communicate with detainees through translation apps on ICE agents' phones.

The confidentual source working on the site said construction would be delayed as a result of the ICE operation, but not specifically for how long.

 

Lienert confirmed that construction at HL-GA has been put on hold but will resume soon. The new production start has been set for the first half of 2026. He also noted that LG has invested $25 billion in North American manufacturing, intending to create about 14,000 jobs by 2027 with the plan being to locate half LGES global battery cell-making capacity in North America.

USAToday: South Korean workers return home a week after Hyundai plant immigration raid

Why was HSI and ICE on the site?

 

ICE and HSI’s warrant stated four individuals were “target persons,” but did not directly state why those specific individuals had been targeted. Descriptions of the four individuals are the only portions of the warrant that are redacted.

 

The warrant does list “target offenses” as conspiracy to conceal, harbor, or shield aliens; concealing, harboring, or shielding aliens; and unlawful employment of aliens. The warrant, however, does not directly state that officers were seeking documents and records in relation to the four named individuals. Rather, the warrant states that officials were seeking "employment records for current and former employees" relating to the target offenses, "occurring after March 1, 2025."

 

The warrant states the offenses involved “the Target Premises” which was LGES HL-GA plant and related "outbuildings and curtilages." Contractors and subcontractors hired to construct the battery plant, were included in the warrants' search scope.

 

Lienert stated via email that "the personnel directly hired by HL-GA are all legally employed." He added, though, that HL-GA corporation cannot oversee the "recruitment process of its partner companies." He affirmed that the detained LGES employees are "skilled workers with professional knowledge and experience in equipment installation" and that they "visited temporarily to support equipment installation and personnel trainings during the construction phase."

 

B-1 Visa provisions for Commercial or Industrial Workers specifically states applicants can enter the U.S. "to install, service, or repair commercial or industrial equipment or machinery purchased from a company outside the United States or to train U.S. workers to perform such services."  The contract of sale must specifically require such services, however. Another provision states the rule does not apply to applicants "seeking to perform building or construction work, whether on-site or in-plant." Yet, there is an exception for foreign-born individuals who would supervise or train "other workers engaged in building or construction work, but not actually performing any such building or construction work."

 

The confidential source contracted to work on the site stated that some construction site workers of Haitian and Venezualan origin were authorized to be in the U.S. through Temporary Protective Status (TPS). The U.S. Supreme Court ruled on May 19 in favor of the Trump Administration's efforts to undo the TPS Venezuela 2023 Designation. However, the U.S. Citizenship and Immigration Services office notes that Venezuelans who benefited from TPS authorization may still have valid statuses depending on when certain documentation was processed or will expire.

 

Public Affairs Officer for HSI/ICE for Mike Meares responded to inquiries made Friday afternoon into how many of the some 475 detainees were actually found to be in the United States illegally or found to have violated the terms of their work authorizations. He directed The Savannah Morning News to ICE's Sept. 5 press release about the oepration, which states, "nearly 500 detained during execution of federal search warrant, many of which were fraudulently using visitors visas." He deferred further questions to the U.S. Department of Homeland Security's (DHS) general media inquiry email. As of publication, DHS has not responded to a Friday afternoon inquiry.

 

U.S. Attorney for the Southern District of Georgia Meg Heap's office has also not responded to multiple requests for comment regarding the contents of the warrant and status of the investigation. The office's Sept. 5 release states, “The investigation is ongoing. All people are presumed innocent until proven guilty beyond a reasonable doubt." The release, however, also stated that "a handful of people" who attempted to flee during the operation and "ran into a sewage pond located on the premises" were "captured and identified as illegal workers." The release does not state how exactly immigration officials determined the fleeing workers' authorization statuses.

Joseph Schwartzburt is the education and workforce development reporter for the Savannah Morning News. You can reach him at JSchwa...@gannett.com andJoeInTheKnow_SMN on Instagram.