Hyundai Plant Raid: Time To Tune Up Your Foreign Worker Policies

In September, U.S. federal agencies led by Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) conducted one of the largest single-site worksite enforcement actions in U.S. history at the Hyundai Motor Group Metaplant America in Ellabell, Georgia. The raid—carried out in coordination with the FBI, IRS, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), and Georgia State Patrol—resulted in the detention of approximately 475 individuals, most of them South Korean nationals on temporary assignments.

The scale of the Hyundai operation underscores the return of aggressive, multiagency worksite enforcement. It also signals heightened risk for multinational companies that rely on foreign specialists, particularly in advanced manufacturing and technology sectors.

Immigration Compliance Perspective

• Visa Usage Under the Microscope:
  Most detained individuals reportedly entered on B-1 business visitor visas or through the Visa Waiver Program (ESTA). These visas typically authorize short-term training, consulting, or oversight—not hands-on installation or construction work. ICE has taken a narrow view of permissible activities, challenging common corporate practices in deploying specialized foreign technicians.
• Enforcement Beyond Clear Violations:
  Reports indicate at least one worker on a valid B-1/B-2 visa, without any apparent violation, was nonetheless processed for voluntary departure. This signals a maximalist enforcement posture and suggests companies cannot assume good-faith interpretations of visa categories will be accepted.
• Diplomatic Fallout:
  The South Korean government has arranged repatriation flights and formally objected to U.S. actions. The diplomatic pressure highlights the tension between U.S. enforcement priorities and the global mobility needs of multinational enterprises.

White Collar Investigations Perspective

• Multiagency Investigations:
  The number of agencies involved reflects a broad enforcement agenda beyond immigration law. Potential areas of inquiry include:
  • Visa fraud or misrepresentation at the consular or admission stage.
  • False statements or conspiracy liability for contractors, subcontractors, or joint venture partners.
  • Payroll, tax, and labor compliance issues.
  • Harboring undocumented persons.
• Corporate Liability Risks:
  Even when foreign nationals are employed by contractors or subcontractors, parent companies and joint venture partners remain exposed. Prosecutors may argue liability based on willful blindness, negligent oversight, or failure to implement effective compliance programs. C-suite executives and other senior managers also face potential exposure as seen during the first Trump administration's resurrection of large-scale raids.
• Reputational and Investor Impacts:
  The Hyundai raid has already drawn global attention, raising concerns about U.S. investment stability in high-tech sectors. Reputational harm and supply chain disruption may follow, regardless of whether formal charges are brought.

Background: ICE Worksite Enforcement

ICE's approach to corporate immigration enforcement has shifted over time:

• 2000s: Raids at food processing and manufacturing plants targeted unauthorized workers en masse.
• 2010s: The Obama administration pivoted to employer-focused I-9 audits, emphasizing fines and compliance agreements.
• 2017–2020: The Trump administration resurrected large-scale raids, including operations at meatpacking plants and food distributors.
• 2021–2024: Enforcement shifted back toward audits and civil penalties, with public guidance deprioritizing mass raids.
• 2025: The Hyundai action represents a return to highly visible enforcement, combining both immigration and white collar criminal components.

This context suggests employers should expect renewed large-scale operations targeting global companies, particularly where high numbers of foreign specialists are on site.

Best Practices for Employers

To mitigate risk, companies should consider:

Conducting Preventive Immigration Audits

• Review visa usage for foreign employees, ensuring work performed matches authorized activities.
• Reassess reliance on B-1 visas or ESTA for assignments involving installation, construction, or other hands-on work.

Strengthening I-9 and Contractor Oversight

• Perform regular I-9 compliance audits.
• Implement due diligence and monitoring protocols for subcontractors and vendors.

Preparing for Raids and Investigations

• Establish a government response plan, including on-call counsel, communication protocols, and document preservation measures.
• Train managers and HR staff on how to respond to ICE visits or multiagency warrants.

Building Cross-Disciplinary Compliance Programs

• Involve both immigration counsel and white collar investigations teams in compliance design.
• Regularly update protocols to reflect enforcement trends and agency priorities.

Conclusion and Next Steps

The Hyundai raid demonstrates that U.S. enforcement authorities are willing to use aggressive, multiagency actions against global companies—and that immigration issues can quickly evolve into broader criminal and regulatory exposure.

Ballard's Immigration, White Collar Defense and Investigations, and Labor and Employment Groups are working closely together to help clients navigate these risks. We can assist with:

• Preventive immigration and I-9 compliance audits
• Contractor and subcontractor oversight programs
• Crisis management and government response planning
• Strategic advice for cross-border projects involving foreign specialists

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.