Charles Kuck Says No Visa Terms Were Violated in the Hyundai-LG Battery Plant Raid

Following a raid by the U.S. Department of Homeland Security, a statement was issued emphasizing accountability for those who exploit the workforce and undermine the economy. The company involved stated its commitment to legal compliance. An immigration attorney representing South Korean workers detained after the raid explained that his clients were in the U.S. on valid ESTA visa waivers, performing work permitted under business visitor regulations, specifically installation and after-sales service for a battery plant.

The attorney highlighted the inadequacies of current immigration laws, which lack a specific category for such activities, leading to misinterpretations. He clarified that his clients' ESTA visas were not overstayed and they were not being paid by a U.S. entity, with some only present for a few days for meetings and intending to depart shortly. The attorney expressed frustration with ICE's communication and the handling of the situation, suggesting the raid, initially targeting Latino workers, mistakenly resulted in the detainment of the Korean technicians.

The situation poses a significant risk to the clients' future ability to travel to the U.S., potentially affecting their ability to obtain ESTA or visas. The attorney believes this reflects a new administration policy and advises business executives and engineers to exercise caution when planning visits to the U.S. for business activities. He also acknowledged the potential for increased scrutiny on his own practice due to taking on these high-profile cases but stated his willingness to advocate for his clients.

• A U.S. Department of Homeland Security raid resulted in the detainment of South Korean workers.
• The workers were reportedly in the U.S. on valid ESTA visa waivers for permitted business activities like after-sales service and installation.
• Immigration laws are described as outdated, lacking specific categories for such work.
• The attorney states clients were not overstaying visas and were not paid by U.S. entities.
• This situation is seen as a new administration policy, prompting advice for caution for business travelers to the U.S.

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Raid and Official Statements [00:00]

• The U.S. Department of Homeland Security issued a statement after a raid, declaring accountability for those who exploit the workforce and undermine the economy.
• The company involved stated it is monitoring the situation and is committed to full compliance with all laws and regulations.

The raid led to a strong statement from Homeland Security emphasizing accountability, while the affected company affirmed its commitment to legal compliance.

We are sending a clear and unequivocal message. Those who exploit our workforce, undermine our economy, and violate federal laws will be held accountable.

Client Status and Legal Representation [00:23]

• An immigration attorney in Georgia is representing several South Korean workers detained in the raid.
• The clients are currently in immigration custody in South Georgia, in jail, not a detention center.

The South Korean workers detained in the raid are currently being held in jail in Georgia, with an immigration attorney representing them.

Defense of Worker's Status [00:50]

• The attorney's defense is that the workers were in the United States on valid ESTA visa waivers.
• The work they were performing was permitted within the regulations of the B1 business visitor program, including engineering oversight and after-sales service and installation.
• This type of work is necessary for building facilities like battery plants, and the specialized workers do not typically reside in the United States.

The legal team argues that the detained workers were present legally under the ESTA program, engaging in activities such as engineering oversight and installation, which are permissible under business visitor regulations.

Validity of ESTA and Payment [01:50]

• The workers were within the expiration date of their ESTA.
• They were not being paid out of a U.S. domestic entity.
• There were no visa overstays; some individuals had only been in the U.S. for three days and were scheduled to leave that week, having come specifically for meetings.

It is confirmed that the workers had not overstayed their ESTA visas, were not paid domestically, and in some cases, had only recently arrived for short business meetings.

ICE's Actions and Communication [02:19]

• The attorney criticizes ICE's preparation for the raid, stating they did not do a good job.
• ICE is currently not communicating with the attorney's office regarding the reasons for not accepting the workers' status.
• The raid was conducted by HSI (Homeland Security Investigations) for worksite enforcement, but the individuals are being held by ERRO (Enforcement and Removal Operations), which is experiencing an influx of people it did not anticipate.
• HSI went in to look for approximately 200 Latino workers and ended up detaining about 300 Koreans.

The attorney expresses dissatisfaction with ICE's handling of the raid and their lack of communication, noting that the wrong division within ICE is now holding the detainees, possibly due to a misidentification of the target group.

ICE is saying nothing because they won't communicate with us. That's the problem here.

Discretion in Immigration and Potential Consequences [03:12]

• Immigration and visa matters involve significant discretion from the Secretary of State and the State Department.
• Entry to the U.S. is considered a privilege that can be revoked.
• The clients face a significant problem: if they leave on a flight, they may not be able to return on ESTA or obtain a visa in the future.
• This is problematic because these are highly qualified technicians and engineers crucial for building battery plants, and their inability to return could be a major blow to the economy in Georgia.

The significant discretion in immigration policy means the clients could face future travel bans, impacting their ability to return to the U.S. for essential technical work, which could harm the economy.

Advice for Business Travelers [03:50]

• The attorney advises business executives and engineers to be very careful before going to the United States.
• One should be cautious about potential issues at airports or during meetings.
• This is not considered just bad luck but a reflection of the new policy of the current administration.
• It would be foolish not to consider the potential downsides of investment or visits to the U.S. under the current climate.

Travelers to the U.S. are advised to exercise extreme caution due to perceived changes in policy, and it's suggested that potential downsides of business visits should be carefully considered.

I don't think this is bad luck. I think this is the new policy of this administration. And I think people do have to be careful before deciding to come to the United States to engage in business activities. Frankly, you'd be foolish not to think about this and the potential downside of that type of investment or that type of visit.

Attorney's Personal Concerns and Advocacy [04:34]

• The attorney acknowledges potential personal repercussions for taking on high-profile cases, such as tax audits or investigations.
• However, he states that somebody has to stand up and he is willing to be that person for his clients.
• He notes that the current administration's term is limited, and they have faced and can deal with difficult situations.

Despite potential personal risks, the attorney is committed to advocating for his clients, believing that standing up for them is necessary and that challenges can be overcome.