I cover South Korea's foreign policy, defense and security issues on the Korean Peninsula. Before that, I reported on immigration policies and human rights — topics I continue to follow closely. I strive to gain an accurate understanding of the issues I cover and am particularly interested in stories that amplify often overlooked voices. Tips and story ideas via email are always welcome.
Koreans detained in US may face reentry limits despite voluntary departure
A still frame from a video made available by the U.S. Immigration and Customs Enforcement via the Defense Visual Information Distribution Service shows an immigration raid at the Hyundai-LG vehicle assembly plant in Ellabell, Georgia, Thursday (local time). EPA-Yonhap
By Lee Hyo-jin
FM Cho Hyun heads to Washington Monday evening to wrap up negotiations
Around 300 Koreans detained in Georgia during a U.S. immigration raid will leave the country under a “voluntary departure” agreement, Korea’s foreign ministry said Monday. The group is expected to return home on chartered flights in the coming days.
Still, under U.S. administrative procedures, it remains unclear whether detainees who choose voluntary departure will be able to avoid disadvantages when seeking to reenter the United States in the future.
"We are in detailed talks to arrange the safe return of all detained individuals at the earliest possible date via chartered flights," a foreign ministry official said during a briefing.
The official declined to provide a detailed timeline for the flights, amid speculation that it may take place as early as Wednesday. The Korean companies involved are reportedly covering the cost of the chartered flights.
The repatriation will be carried out with the consent of the individuals involved, the official explained, noting that this arrangement followed urgent consultations between Seoul and Washington after the raid last Thursday (local time).
More than 300 Koreans are being held at a detention center in Folkston, Georgia, following the massive raid at an electric vehicle battery plant construction site operated under a joint venture between Hyundai Motor Group and LG Energy Solution near Savannah.
Most of the detained Korean workers had entered the United States on short-term business visas or through the Electronic System for Travel Authorization (ESTA), a travel visa typically used for short visits, according to industry officials. Korean companies need to seek H-1B visas to send supervisors to factory construction sites, but H-1B permits are capped at 85,000 a year worldwide and allocated by lottery.
In U.S. immigration detention, individuals generally have three options: voluntary departure, formal deportation or immigration court proceedings.
Voluntary departure allows detainees to leave the country at their own request, often avoiding a formal deportation order. This reduces potential obstacles to future reentry.
However, those who have accumulated more than a year of unlawful presence may still face reentry restrictions, including a possible 10-year bar on returning.
Asked about potential consequences for those who choose voluntary departure, the ministry official said, "That may vary depending on the type of visa or entry status each individual holds. We are trying to ensure there are as few disadvantages as possible, but since we must respect U.S. legal procedures, it may not be easy to make adjustments for each person’s status."
The interior of the U.S. Immigration and Customs Enforcement facility in Folkston, Ga., Nov. 16, 2021. Yonhap
If individuals opt for immigration court proceedings to challenge U.S. administrative decisions, they will not be included in the planned charter flight repatriation and are likely to remain in detention.
The ministry declined to give a precise tally of those detained, saying only that consular officials had interviewed about 250 people. It added that there had been no complaints of human rights violations or health problems.
Later in the day, Foreign Minister Cho Hyun departed for Washington for detailed talks with U.S. officials.
During a National Assembly session hours before his departure, the minister said Seoul and Washington had reached a broad agreement to ensure the Korean nationals involved will not face penalties when reentering the U.S.
"We have reached a broad agreement...The final process for confirmation is underway," Cho said in response to a lawmaker's question on whether discussions were underway to ensure that workers would not face such disadvantages.
The immigration raid at Hyundai’s battery production facility, the largest single operation ever conducted by the U.S. Department of Homeland Security, was based on a court warrant targeting four individuals with Hispanic names, but ultimately led to the detention of 475 people, most of them Korean.
The unprecedented mass arrest of Korean workers has intensified diplomatic tensions between Seoul and Washington. The incident occurred just two weeks after President Lee Jae Myung had his first bilateral summit with U.S. President Donald Trump in Washington.