In early September, U.S. Immigration and Customs Enforcement (ICE) officers executed their largest immigration raid at a single worksite in U.S. history. ICE detailed about 475 workers at the Hyundai Motor battery plant outside of Savannah, GA. More than 300 of the workers detained by ICE were South Korean nationals, who were present for a joint venture between Hyundai and LG Energy Solution to manufacture electric vehicle batteries. However, according to ICE, the detailed individuals either illegally crossed the U.S. border, overstayed their visas, or had no valid work authorization. ICE has filed no criminal charges stemming from the raid.
An Atlanta immigration attorney representing four of the detained South Koreans stated that many of the foreign workers detained were authorized to work under the B-1 temporary business visitor visa program. Under that program, foreign workers may stay in the U.S. for up to six months to consult on projects or participate in training.
The scope of this massive immigration raid is a reminder to employers that they should be poised for potential immigration enforcement, which could include Form I-9 audits or workplace raids. During an I-9 audit, employers must produce I-9 forms for each employee, which ICE then inspects to verify that each employee is authorized to work in the U.S legally. On the other hand, ICE typically conducts unannounced workplace raids when it suspects a business has employed undocumented workers. A workplace raid usually involves ICE officers seizing all relevant work-related documents, which include payroll records, employee files, I-9 forms, bank records, and tax forms. ICE can and will arrest unauthorized workers during a workplace raid. Businesses that ICE finds have employed unauthorized workers may face administrative and criminal penalties, along with an unexpected loss of workers that they must replace.
HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.
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