Over 300 South Koreans, apprehended during a raid last week at a Hyundai-LG battery facility in Georgia, are set to return home on Thursday following a postponement. This delay occurred because President Donald Trump extended an offer for them to remain and work in the U.S.
Although their departure from the U.S. was initially scheduled for Wednesday, Secretary of State Marco Rubio informed South Korean Foreign Minister Cho Hyun during discussions for their release that Trump wished to “encourage” the Korean nationals to stay in the country, as reported by a foreign ministry official to a South Korean news agency.
“This caused a pause in the repatriation process, allowing time to ascertain Korea’s stance on whether the apprehended individuals, all skilled laborers, preferred to go back to their home country or remain in the U.S. to carry on their work and assist in training American staff,” the official stated. The official further mentioned that the detainees—who, based on U.S. authorities’ released footage, were handcuffed and shackled at the time of their arrest—were “profoundly shocked and fatigued” and ought to return home initially, with the possibility of re-entering the U.S. at a subsequent time. A total of 330 detainees—comprising 316 Koreans, 10 Chinese, three Japanese, and one Indonesian—from the 475 people detained on September 4, have been released from an ICE facility in Folkston, Ga., and are scheduled to fly without restraints on a chartered flight from Atlanta to Seoul on Thursday afternoon, Cho confirmed.
“Each individual was given a choice, and the U.S. government conveyed the message, ‘You are free to leave if you wish, or you may stay if you prefer,’” Lee Jae-myung stated during a press conference in Seoul on Thursday. Lee indicated that one South Korean detainee opted to stay in the United States.
Trump’s proposition seems to reverse his stance from last week’s raid, following which he urged foreign companies “to please respect our Nation’s Immigration Laws” and “hire and train American Workers.” Georgian state authorities had also supported the enforcement action, which was part of an initiative known as “Operation Take Back America.”
However, the raid caused friction between the U.S. and South Korea on both diplomatic and economic fronts. South Korean officials had voiced concerns that the raid, occurring just weeks after South Korean companies committed to investing $350 billion in the U.S. through a trade agreement, stemmed from ongoing visa issues within the U.S.
“Trump’s immigration policies and his drive for increased foreign investment are not necessarily at odds,” Ryu Yongwook, an assistant professor specializing in East Asian international relations at the Lee Kuan Yew School of Public Policy in Singapore, previously commented to TIME. “However, to avoid incompatibility, the U.S. government needs to develop and implement a nuanced immigration policy that facilitates foreign direct investment.”
Following the raid, it seems the Trump Administration is prepared to make adjustments to achieve this.
South Korea warns raid could affect investments
Lee asserted on Thursday that the “perplexing” detentions “might considerably influence future investment choices, especially when assessing the viability of direct operations in the U.S.” He further stated that South Korean companies “are compelled to question if establishing a plant in the U.S. justifies the potential hazards” and that ambiguous visa regulations lead these firms to “doubt whether they should proceed whatsoever.”
Ryu informed TIME earlier this week that Trump’s emphasis on both legal and undocumented immigration might pose challenges for international businesses. Additionally, Ryu noted that the raid has postponed the construction of the Georgia plant, a project expected to generate thousands of U.S. jobs upon its conclusion.
Lee observed that minor visa breaches committed by Americans in South Korea were not regarded as a “grave matter.”
“In South Korea, we frequently observe Americans arriving on tourist visas to teach English at private cram schools—this is a common occurrence, and we generally accept it without much thought,” he explained, referencing the practice, which the government has attempted to curtail. “However, the United States evidently views this differently.”
Lee mentioned that South Korean companies had previously been able to import short-term skilled technicians—a labor pool that “simply isn’t available locally in the U.S.”—to finalize construction and educate American employees. “Yet, at present, even that fundamental request is being denied,” he stated.
Potential creation of a new visa category
South Korea has reportedly been given assurances that its citizens will face no obstacles in their future re-entries into the U.S., as per reports.
Foreign Minister Cho indicated that he and Rubio have explored establishing a “working group” to enhance visa systems for South Korean enterprises, potentially involving the introduction of a new visa category.
According to Cho, this new category “would align with our long-term investments and guarantee seamless experiences for our businesses operating and visiting in the U.S.”
However, immigration attorney Charles Kuck, representing seven of the detained South Koreans, according to reports, challenged ICE’s initial assertion that those apprehended in the raids were “unauthorized.” Kuck stated his clients entered via either the visa waiver program or a B-1 business visa.
Kuck had previously informed a news outlet that many of the workers “were present as engineers or were engaged in after-sales service and installation.” According to State Department guidelines, B-1 visa holders are permitted “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,” provided it is stipulated in their contract.
“The significant majority of individuals,” Kuck informed a news source, “including my clients, should never have been taken into custody.”
