Isn't it how it supposed to be? Valid Visa -> free to enter
No valid Visa -> should be behind the bars
Also that's not what happened. The ones responsible for the breach, IE Hyundai execs and management who took care of the visa waivers and asked their employees to setup production lines were not arrested, only the people who had little to say about capital allocation were. In a way, Hyundai investors would have been a better target than their workers since they choose the execs who chose to build in the USA.