A leaked internal ICE file obtained by the Guardian indicates that at least one South Korean worker detained in the large immigration sweep at a Hyundai battery plant in Georgia had entered the United States on a valid B1/B2 visa and was employed as a contractor. The agent-authored report says the Atlanta Field Office nonetheless “mandated” that the man accept voluntary departure and be placed in removal processing. The case contradicts the agency’s public claim that everyone arrested in the raid was working unlawfully, and raises legal and procedural questions about detention practices used in the operation. As of the Guardian’s report on 10 September 2025, the man and many others remained in ICE custody awaiting possible deportation flights back to South Korea.
Key takeaways
- 475 people were arrested in the ICE-led operation at the Hyundai battery construction site in Ellabell, Georgia; the majority were South Korean nationals.
- An internal HSI/ICE file, leaked to the Guardian, records at least one detainee entered the US in June 2025 on a valid B1/B2 visa and worked as a contractor for HL-GA Battery Company LLC.
- The Atlanta Field Office reportedly directed that the visa holder be presented for voluntary departure despite no database records showing a visa violation.
- DHS publicly stated the individual admitted unauthorized work; the leaked file directly contradicts that claim.
- Sources say roughly 300 detainees could be placed on deportation flights to South Korea as soon as Wednesday following the raid, while non-Koreans remain in ICE detention.
- Attorneys representing detainees, including Charles Kuck, describe the detention of a valid visa holder as potentially unlawful and raising civil rights concerns.
Background
On 4 September 2025, ICE carried out a large-scale immigration enforcement action at the Hyundai Motor battery plant under construction in Ellabell, near Savannah, Georgia. The factory is part of Hyundai’s $12.6 billion investment in the state to build battery capacity for electric vehicles, a project that drew substantial government and private-sector attention. Immigration enforcement at construction sites has a long history of provoking legal, diplomatic and labor-policy disputes when workers from allied countries are involved.
Federal immigration agencies typically classify visa holders by type; a B1/B2 visa permits business and tourism activities but does not automatically authorize long-term employment. Contractors hired through foreign companies sometimes work on-site under short-term status, a zone that can generate disagreements over proper classification. The South Korean government reacted strongly after the raid and subsequently engaged U.S. officials in negotiations to repatriate many of those detained.
Main event
The internal document obtained by the Guardian was written by an HSI agent and reportedly notes that the individual entered the U.S. with a valid B1/B2 visa and was employed at HL-GA Battery Company LLC as a contractor for South Korea’s SFA. The agent’s file states that queries of law enforcement databases and the individual’s statements did not reveal any visa violations, yet the Atlanta Field Office Director instructed that the person be processed for voluntary departure.
ICE officials publicly described the detainees as unlawfully working, and DHS told the Guardian the man “admitted to unauthorized work on a B1/B2 visa” and accepted voluntary departure. The leaked file and that public statement present directly conflicting accounts of the same individual’s status and conduct. ICE did not provide additional detail to the Guardian about whether any internal review preceded the decision to treat the person as removable.
Attorneys representing dozens of men arrested in the raid have said in recent days that people with lawful status were swept up alongside those allegedly working unlawfully and placed into removal proceedings. One source familiar with internal planning told the Guardian that additional ICE officers were sent to process the volume of detainees and that officials were offering voluntary departure to some with legal status.
By the time of the Guardian’s reporting, roughly 475 people had been detained and were in ICE custody. A separate source said approximately 300 detainees could be put on flights back to South Korea very soon, while non-Korean detainees were expected to remain in detention longer pending separate proceedings.
Analysis & implications
If the agent’s file is accurate, detaining a valid visa holder and forcing or pressuring them into voluntary departure raises questions about due process and potential unlawful detention. Immigration lawyers argue that presenting valid visa holders with deportation paperwork while in custody can produce immigration consequences that go beyond an immediate removal, including visa cancellation and bars to reentry.
The incident also has diplomatic consequences. South Korea publicly expressed displeasure after the raid, and quick negotiations were reported between the two governments to return many detained workers. For multinational investments and workforce mobility, enforcement actions perceived as overbroad can chill cross-border labor arrangements and complicate future foreign direct investment.
Operationally, the raid underscores challenges ICE faces when processing large numbers of detainees: verifying status, distinguishing contractors from employees, and ensuring compliance with civil immigration procedures under time pressure. Critics say mass operations create higher risk of errors that affect lawfully present individuals and may produce costly legal challenges for the government.
| Metric | Reported figure |
|---|---|
| People arrested | 475 |
| Potential deportations to South Korea | ~300 |
| Hyundai investment in Georgia | $12.6 billion |
| Raid location | Ellabell (near Savannah), Georgia |
The table above summarizes the principal public figures reported. While the numerical totals appear in multiple accounts, finer-grained details — such as how many detainees held valid visas or the exact breakdown of nationalities processed for deportation — remain incomplete in public records. These gaps make independent oversight and legal representation especially important.
Reactions & quotes
Legal advocates and lawyers for detainees have characterized the detention of valid visa holders as unlawful and damaging. Context is provided below for each remark.
This is outrageous. Detaining someone who is not lawfully detainable is unlawful imprisonment.
Charles Kuck, immigration attorney (representing detained workers)
Kuck represents several people arrested in the operation and argued to the Guardian that the government’s handling of a lawful visa holder amounts to an official wrongdoing rather than a detainee offense.
These workers were put in incredibly vulnerable positions.
Samantha Hamilton, litigation attorney, Asian Americans Advancing Justice-Atlanta
Hamilton emphasized that men who accepted work on an international construction project suddenly found themselves at legal risk and without adequate legal protections during mass processing.
We offered voluntary departure and the individual accepted it, after admitting unauthorized work.
Department of Homeland Security spokesperson (statement to the Guardian)
DHS reiterated publicly that the agency’s view is the detainee admitted unauthorized work, a claim that the leaked agent file disputes. ICE did not supply additional documentation to reconcile the differing accounts.
Unconfirmed
- Whether additional detainees beyond the one described in the leaked file held valid visas at the time of arrest remains unverified.
- The precise number of detainees who will be placed on immediate deportation flights is reported by sources but has not been formally confirmed by ICE.
- Any internal ICE rationale for mandating voluntary departure in this case has not been publicly released or corroborated by an agency policy document.
Bottom line
The leaked internal file, if accurate, highlights a potentially serious procedural failure: a government detention and removal process that appears to have included at least one person with lawful short-term entry. That discrepancy between an internal agent’s record and the agency’s public statements fuels legal challenges and diplomatic tension.
For workers, companies and policymakers, the episode underscores the importance of clear rules and careful verification before mass enforcement actions. For detained individuals, the path forward will depend on counsel, diplomatic arrangements, and any internal review ICE conducts in response to the disclosure.