The One Who Remained in the U.S. Is a Permanent Residency Applicant
Expected to Undergo Legal Proceedings While in Detention
Among the 317 Koreans detained by U.S. immigration authorities, only one has chosen to remain in the United States instead of returning to Korea, drawing significant attention. This individual is expected to undergo legal proceedings while in detention.
According to the Ministry of Foreign Affairs on September 11, out of the 317 Koreans (307 men and 10 women) arrested at the Hyundai Motor-LG Energy Solution joint venture plant in Georgia on September 4, all but one were released on this day in the form of voluntary departure. Only one of the detained Koreans chose to stay in the United States, and he is reportedly an applicant for permanent residency. This contrasts with the majority of the arrested Koreans, who held Electronic System for Travel Authorization (ESTA) or short-term business (B-1) visas.
Chose to Remain Due to Family Living Locally... Considering Possible Lawsuit
Employees at the Hyundai Motor-LG Energy Solution battery factory construction site, who were arrested during immigration raids, are leaving the Immigration and Customs Enforcement (ICE) detention facility in Folkston, Georgia, on the 11th (local time) to head to Atlanta Airport. Photo by Yonhap News
Although the U.S. government has promised not to impose any disadvantages on those released from detention, it may be more advantageous not to opt for voluntary departure if one intends to file a lawsuit against the U.S. government. It is also reported that, because the individual has family in the United States, the benefits of voluntary departure are limited for him.
If a person has suffered damages due to excessive enforcement by Immigration and Customs Enforcement (ICE), despite acting within the scope allowed by their legal status, it is possible to file a claim for damages against the U.S. government for unlawful arrest and detention. Detention by ICE is different from incarceration following a criminal conviction, and since the scope of ICE's activities has been greatly expanded under various executive orders during the current Donald Trump administration, the outcome is expected to be contested in court.
This Korean national plans to proceed with immigration-related trials and other legal procedures while remaining in detention, and the government is reportedly preparing to provide necessary consular assistance. Of course, there are legal mechanisms, such as bail, that can resolve the state of detention, but for now, it is understood that he must remain in the detention facility.
Employees at the Hyundai Motor-LG Energy Solution battery plant construction site, who were arrested during immigration raids, are boarding a bus as they leave the Immigration and Customs Enforcement (ICE) detention facility in Folkston, Georgia, heading to Atlanta Airport on the 11th (local time). Photo by Yonhap News Agency
Meanwhile, on this day, the Koreans boarding the chartered flight were transported to the airport in buses accompanied by escort vehicles from U.S. immigration authorities. U.S. officials rode with them on the buses, while Korean government officials reportedly traveled by other means. Although the detainees were not given time to pack their belongings at their accommodations, a Ministry of Foreign Affairs official stated that the companies involved took care of these matters.
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