How Employers Can Avoid Immigration Raids: Lessons from the Hyundai Case

On September 4, 2025, 475 workers were detained from a Hyundai plant on suspicion of living and working illegally in the US as part of the largest immigration raid of President Donald Trump’s second term. Could this have been prevented by Hyundai and the workers who were arrested?

Background

Nearly 500 federal, state, and local officers descended on the Hyundai–LG battery plant construction site. The operation was the product of a months-long investigation, officials said.

Several workers fled the scene and ran into a sewage pond located on the premises. Agents used a boat to fish them out of the water, and one individual swam under the boat and tried to flip it over to no avail. They were captured and identified as illegal workers.

The battery plant represented the kind of strategic investment the United States has welcomed from South Korea in recent years, which promised to create manufacturing jobs and bolster a growing industry. Yet, even this investment did not deter the Trump Administration from enforcing immigration laws: “They came through illegally”, Mr. Trump said of the detained workers. “They came into our country. So we have to do our job.”

Although the majority of the arrested South Korean workers were not direct employees of Hyundai or LG, they were subcontractors assigned to oversee the factory’s construction. Many of them arrived in the U.S. with visas (but overstayed them), or under the visa waiver program.

What can Employers and Individuals do?

1. Employers should conduct an audit of their I-9 files to ensure that each of their own employees have valid authorization to work in the United States. If they do not, they cannot continue employment.
2. The job-site raid resulted in arrests of workers that were not even Hyundai employees. It may now be beneficial for companies to require that any subcontractors working at their locations are authorized to work in the U.S.  This could even be stipulated by contract.
3. There are many options by which the employers could have sponsored the employees to work for them legally. Relevant visas include the following:
   • E-2 visa for “essential employees” who have the same nationality as at least 50% of the country’s owners (in this case, citizens of South Korea);
   • L-1A visa for executives and managers who worked abroad for a related company for at least one year out of the last three years;
   • L-1B visa for employees with “specialized knowledge” about the company’s policies, procedures, and/or clients, who worked for a related company abroad for one out of the last three years;
   • H-1B visa for engineers and other applicants with STEM degrees in roles that are a “specialty occupation.”
   • F-1 (OPT) visa for current students and recent graduates if the role matches their degree;
   • J-1 visa for trainees and specialists;
   • O-1 visa for individuals with extraordinary ability in business or science; and
   • Green Cards for employees who meet the criteria for an EB-1, EB-2, or EB-3 visa.

It is important to note that individuals who work while on tourist visas (B-1/B-2), or ESTA (visa waiver), are working without authorization and are subject to serious immigration consequences, up to deportation.

If an individual overstays his or her visa by 6 months or more, he/she will be banned from re-entering the U.S. for a period of three years. This amount increases to a period of 10 years for individuals who overstay their visa by a year or more.

While opinions may diverge on the ethics of this operation, one thing remains clear: employers, employees, and individuals must take immigration consequences more seriously than ever before. Under this Administration, it’s “Get legal, or get out!”

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CEA’s partner, the Grady Firm, P.C. can help you make it legal. If you want to know how employers can avoid serious consequences from immigration raids, call (949) 940-6725, or book a consultation online to speak with one of our experienced immigration attorneys. CEA members may also refer to CEA’s ICE Raid Response Toolkit for best practices.

DISCLAIMER: This post does not constitute legal advice or make any guarantees as to a potential outcome. Consult with a qualified, licensed immigration attorney about the facts of your case before proceeding.