Visited Detention Facility to Prepare for Boarding
No Specific Comments on Those Wishing to Remain
Voluntary Departure Chosen as Method for Repatriation
A South Korean diplomatic official has stated that South Koreans who were arrested and detained by immigration authorities at the construction site of the Hyundai Motor Group-LG Energy Solution joint battery plant in Georgia, United States, and are now leaving the U.S. under "voluntary departure" will not face disadvantages such as a "five-year reentry ban." As most of the detained South Koreans are reported to prefer voluntary departure, it is expected that nearly all of the approximately 300 individuals will board the chartered flight back to South Korea.
On September 8 (local time), Consul General Cho Kijung in Washington and members of the Ministry of Foreign Affairs’ on-site response team visited the Folkston detention facility operated by U.S. Immigration and Customs Enforcement (ICE) in Georgia. They carried out practical preparations for the repatriation of the detained South Koreans during two sessions in the morning and afternoon.
After visiting the detention facility in the afternoon, Consul General Cho told reporters, "I met with everyone inside and prepared what is necessary for (the charter flight) boarding." When asked how many agreed to voluntary departure, he replied, "Everyone is happy and wants to return to Korea," but refrained from commenting specifically on whether anyone wished to remain.
Consul General Cho also stated, "We are receiving good cooperation from the U.S. side and are resolving various technical issues smoothly." He explained that the U.S. immigration authorities’ process of assigning Alien Numbers (A-numbers) would also be completed within the day. An Alien Number is assigned to individuals subject to removal proceedings and must be issued before departure.
Previously, U.S. immigration authorities raided the Hyundai Motor Group-LG Energy Solution joint battery plant construction site in Georgia and detained most of those present. It was confirmed that they had entered the United States under the Visa Waiver Program (ESTA) or on B1/B2 visas for business or tourism. However, U.S. authorities explained that these visas do not permit manual labor at such sites, and the individuals were arrested for violating this restriction. Currently, about 300 South Koreans have been detained for five days at the Folkston detention facility and the Stewart detention facility (for female workers) following the ICE operation.
In such cases, there are generally three options: voluntary departure, forced removal, or an immigration hearing. Those seeking early release must choose voluntary departure. Accordingly, the on-site response team, consisting of Consul General Cho and officials from the Consulate General in Atlanta, coordinated with ICE to arrange for the detainees’ return to Korea under the "voluntary departure" process. Previously, an official from the Consulate General in Atlanta posted a message in a group chat with representatives of Korean companies in the U.S. on September 7, stating, "We have coordinated with ICE to operate a chartered flight for our nationals currently detained, and the method will be voluntary departure."
Consul General Cho explained that employees who voluntarily depart will not face a five-year reentry ban. He said, "This is already a system in place in the United States, and if you refer to that system, there is no five-year reentry ban for voluntary departure."
According to the U.S. Department of Justice, voluntary departure does not leave an official deportation record, so it is possible to reapply for a visa and enter the United States in the future. However, individuals must leave the U.S. within the designated period at their own expense.
However, there are differing interpretations between South Korea and the United States as to whether this measure constitutes "voluntary departure" or "forced removal." It is expected that Minister of Foreign Affairs Cho Hyun will meet with U.S. Secretary of State Marco Rubio to clarify and resolve this issue.
When asked if the detained employees would be able to return to Korea on a chartered flight on the 10th, Consul General Cho said, "It is not my place to announce the date; please wait for the official announcement from Seoul."
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