Hyundai ICE Raid

The recent ICE enforcement action at the Hyundai Metaplant in Ellabell, Georgia on September 5, 2025, resulted in the arrest of 475 people, including more than 300 South Korean citizens. This was the largest Homeland Security raid in history, and its unprecedented scope prompted South Korea’s Foreign Minister to fly to the U.S. to arrange for his citizens’ return on a charter flight.

However, it remains unclear whether the detained South Korean citizens were in violation of their immigration status. They could be in the U.S. legally as visitors, pursuant to the provision of the Foreign Affairs Manual (FAM) that allows visitors for business (i.e., holders of B-1 visas or ESTA entrants on business) 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.

I discussed this with Associated Press, highlighting that this FAM provision applies only if: 1) the contract for the sale of the equipment required the seller to provide such services or training, and 2) the visa holder possesses unique knowledge that is essential to the seller’s contractual obligation to perform the services.

It will be interesting to see if this raid has a chilling effect on foreign businesses operating in the United States going forward.

https://www.politico.com/news/2025/09/08/attorney-says-detained-korean-hyundai-workers-had-special-skills-for-short-term-jobs-00551265