As negotiations for the release of over 300 Korean workers detained by U.S. immigration authorities enter the final phase, many are expected to return home in a 'voluntary departure' format. It is reported that they could board a charter flight as early as the 10th (local time).
According to government sources, the U.S. and South Korea's practical authorities are coordinating a plan to release the detainees in the form of voluntary departure, preparing for the operation of a charter flight departing from Jacksonville International Airport in Florida. A field response team composed of Consul General Choi Ki-jung in Washington and officials from the Atlanta Consulate communicated the position to ensure their return through a unified voluntary departure process during negotiations with Immigration and Customs Enforcement (ICE), which has reportedly been accepted by ICE.
This crackdown was conducted on the 4th by the Homeland Security Investigations (HSI) and ICE at the construction site of the Hyundai Motor and LG Energy Solution joint battery factory in Georgia, leading to the arrest of hundreds, including approximately 300 Koreans. Most of these individuals entered through the Electronic System for Travel Authorization (ESTA) or short-term visas (B1, B2), but they are known to have violated their residency qualifications by engaging in onsite labor.
In general, there are three options in such cases: voluntary departure, forced deportation, or immigration court proceedings, but the quickest way to return home is through voluntary departure. Forced deportation involves prolonged investigations and administrative processes, while court proceedings can take months to years, with a low success rate.
The consular response team is interviewing the detainees to explain the voluntary departure process and potential disadvantages, seeking their consent. Some detainees have not yet received their Alien Number (A-number) from ICE, and the consent process will continue once number issuance is completed. However, it remains uncertain whether everyone will choose voluntary departure. If there are significant disadvantages for future entry into the United States, some may opt for immigration court.
While there are observations suggesting that choosing voluntary departure will not leave a mark on U.S. immigration authorities' records, meaning that the disadvantages could be limited, concerns have been raised that this procedure involves admitting to the allegations, which may lead to restrictions on re-entry and other disadvantages. Local attorneys noted, 'Voluntary departure is akin to pleading guilty,' indicating that whether restrictions on re-entry will become a point of contention in future U.S.-South Korea discussions.
The South Korean Embassy in the U.S. has continuously emphasized to the White House, the State Department, the Department of Homeland Security, and the Federal Congress that this situation could negatively impact the U.S.-South Korea alliance and economic cooperation, advocating for the need for early release.
Meanwhile, Minister of Foreign Affairs Park Jin is expected to visit the U.S. as early as the 8th to meet with Secretary of State Marco Rubio and discuss measures to minimize disadvantages for the detained individuals. During this process, issues related to visa matters linked to Korean corporations' investments and the shortage of skilled labor locally are also expected to be raised.