Dark Mode
On September 4, 2025, U.S. authorities carried out the largest-ever workplace immigration raid conducted at a single site under the Department of Homeland Security. The target was the Hyundai‑LG battery plant being constructed in Ellabell (Bryan County), Georgia, where approximately 475 individuals were arrested, over 300 of whom were South Korean nationals AP News.
What Happened in Georgia
Federal agents descended on the 2,900‑acre Hyundai‑LG battery facility, a joint venture valued at $4.3 billion, projected to supply batteries for 300,000 electric vehicles annually starting in 2026 Indiatimes. The raid came amid visible confusion and chaos: some workers reportedly hid in air ducts or dove into a nearby pond to evade arrest The Times of India. South Korean media swiftly reacted with outrage, as the raid followed closely on the heels of major economic cooperation talks The Washington Post.
South Korea’s government arranged a chartered flight to repatriate those arrested, while diplomatic protests mounted over what officials described as a betrayal of bilateral trust AP News.
The Visa Dilemma
The detained workers are suspected of using inappropriate visa categories, such as ESTA or B‑1 business visas, which do not authorize them to perform manual labor—especially in construction, raising serious legal and operational questions AP News. Acknowledging industry constraints, some South Korean companies described such visa use as an “open secret”, a stopgap amid tight timelines and stringent U.S. visa processes Financial Times. Yet, experts warn this institutional mismatch may deter future foreign investment and undermine U.S. credibility The Washington Post.
Skilled Labor Shortage in the U.S. Battery Sector
Industry data highlights a severe shortage of skilled workers in U.S. battery and EV manufacturing. A study by the Center for Automotive Research (CAR) surveyed 158 stakeholders and found that 82% reported shortages of sufficiently skilled U.S. applicants for battery-related jobs Latitude Media. More broadly, manufacturing as a whole is facing a dire labor gap, with estimates that up to 3.8 million new workers will be needed by 2033, and half of those jobs could remain unfilled Fox Business.
Policy Contradiction: Economic Interests vs. Enforcement
This incident starkly highlights a deep U.S. policy contradiction: while political leaders—including Governor Kemp and federal administration officials—have actively solicited South Korean investment in green infrastructure, the same government is now detaining the very workers needed to deliver on those investments.
As Brad Bernstein (Spar & Bernstein LLP) observes, “we cannot invite global partners to invest in America while simultaneously undermining the very workforce needed to bring those investments to life.”
Bernstein emphasizes that this is more than a legal matter, it is a strategic misalignment with tangible consequences for future foreign cooperation and domestic economic growth.
The Broader Implications
The raid has caused profound diplomatic tension, with South Korean firms expressing alarm over investment risk and workforce instability The Washington Post. Meanwhile, the enforcement action underscores the urgent need for visa reform to facilitate legitimate foreign labor in rapidly emerging industries like battery manufacturing Financial Times.
How Spar & Bernstein Can Help
At Spar & Bernstein, our immigration law specialists are uniquely positioned to navigate this complex intersection of foreign investment and immigration enforcement. We support:
-
Companies and projects are seeking to secure appropriate work visas and maintain visa compliance.
-
Foreign investment entities are aiming to protect their workforce and project timelines.
-
Individuals and contractors facing immigration proceedings.
Our team can advise on H‑1B, L‑1, and other relevant visa categories, help negotiate with ICE and DHS, and ensure companies adhere to both U.S. immigration policies and their broader investment strategies.
If you’re navigating similar challenges in infrastructure-driven industries—or concerned about the legal risks of your workforce strategy—reach out to Spar & Bernstein for expert, solutions-oriented legal guidance.