Amidst the final stages of negotiations for the release of approximately 300 Korean workers detained by U.S. immigration authorities, it is expected that a significant number of them will return to Korea voluntarily. They are anticipated to depart as early as the 10th (local time) by a chartered flight.
According to government sources, the working-level authorities of both South Korea and the U.S. have coordinated plans to release the detainees under a voluntary departure arrangement. Consequently, preparations are underway for a chartered flight departing from Jacksonville International Airport in Florida. A task force on-site, composed of officials from the Washington Consulate General and the Atlanta Consulate, has conveyed the plan to repatriate the detainees through voluntary departure to ICE, which reportedly accepted this approach.
The operation stemmed from an immigration crackdown conducted by ICE and the Homeland Security Investigations (HSI) on September 4th at the Hyundai and LG Energy Solution joint battery plant construction site in Georgia, resulting in the arrest of hundreds, including over 300 Koreans. These individuals mostly entered the U.S. with ESTA (Electronic System for Travel Authorization) or short-term visas (B1, B2), but were found violating their stay by engaging in on-site labor.
In such cases, options typically include voluntary departure, deportation, or immigration hearings. The quickest way to return is voluntary departure, as deportation involves lengthy investigations and administrative processes, while hearings can take months to years with a low chance of success.
The consular task force is interviewing detainees, explaining the procedures and potential disadvantages of voluntary departure, and obtaining their consent. There are still some detainees without an ICE Alien Number (A-number), and once issued, the consent process will continue. However, it’s uncertain if everyone will choose voluntary departure. If future re-entry into the U.S. poses significant disadvantages, some may opt for immigration hearings.
While there is speculation that choosing voluntary departure might not leave a significant record with U.S. immigration authorities, potentially minimizing drawbacks, concerns persist that it involves admitting violations, which could lead to re-entry bans and other consequences. Local attorneys have pointed out that voluntary departure is akin to an admission of guilt and indicated that potential re-entry restrictions could be a point of contention in future U.S.-Korea negotiations.
The South Korean embassy in the U.S. has been emphasizing to the White House, the State Department, the Department of Homeland Security, and Congress that this situation could negatively impact the U.S.-Korea alliance and economic cooperation, and has been advocating for the early release of those detained.
Meanwhile, Foreign Minister Cho Hyun is expected to visit the U.S. as early as the 8th to meet with Secretary of State Marco Rubio and others to discuss ways to minimize disadvantages for the detainees. Issues related to visa problems connected with investments by Korean companies and the shortage of skilled local labor are also anticipated to be raised during these discussions.