ICE Conducts Largest-Ever Worksite Raid. Employers Must Prepare

U.S. Immigration and Customs Enforcement (ICE) officers carried out its largest single-site immigration raid ever, detaining about 475 workers at a Hyundai Motor battery plant near Savannah, Ga., on Sept. 4. 

More than 300 of the arrested workers were South Korean nationals found at a factory set to make electric-vehicle batteries in a joint venture between South Korean businesses Hyundai and LG Energy Solution.  

A spokesman for ICE said that those arrested had illegally crossed the U.S. border, entered through a visa waiver program that prohibited them from working, or had overstayed their visas. 

The investigation remains ongoing, and no criminal charges have been filed, he added. 

Atlanta immigration attorney Charles Kuck, who represents four of the detained South Korean nationals, told the Associated Press that many were doing work that is authorized under the B-1 temporary business visitor visa program, which allows foreign workers to stay in the U.S., for up to six months, consulting on projects or taking part in training. 

Specialty Credential: U.S. Employment Immigration

Workplace Immigration Enforcement and Compliance

Employers must continue to prepare for possible immigration enforcement, including Form I-9 audits and worksite raids.  

I-9 audits are the most common type of immigration worksite enforcement, and they involve ICE inspecting the I-9 forms for each employee to verify their employment authorization.  

Workplace raids occur when ICE suspects a business of employing undocumented workers. Raids are typically unannounced and include the seizure of all relevant documents, including payroll and employee records, I-9 forms, bank records, and tax documents. If unauthorized workers are discovered onsite during a raid, they can be arrested. Affected employers may have to deal with a sudden loss of workers in addition to possible administrative and criminal penalties.