The detention of Ghana's former Finance Minister, Ken Ofori-Atta, by US Immigration and Customs Enforcement (ICE) has escalated into a high-profile international incident, drawing scrutiny from both Ghanaian diplomatic officials and American immigration experts. Ofori-Atta’s legal team confirms he is cooperating fully with ICE while actively addressing questions surrounding his immigration status, including a pending petition for adjustment of status, which allows individuals to remain in the US beyond the initial visa’s validity while the application is processed.

Ghana's High Commissioner to the United States, Victor Smith, highlighted the unusual nature of the case, pointing to the involvement of the Federal Bureau of Investigation (FBI). Smith suggested the FBI’s participation indicates the matter extends beyond typical immigration breaches, potentially involving criminal investigations, an Interpol request, or other international law enforcement concerns. He noted that Ghanaian authorities might have sought Ofori-Atta’s cooperation to address “some issues that have been brought against him as a former minister.” US officials reportedly view the situation as a “high-profile case” given his past ministerial role and prior engagement with Ghana’s Attorney-General concerning extradition-related matters.

In response to the detention, the Ghanaian embassy initiated consular procedures to monitor Ofori-Atta’s welfare and ensure compliance with international protocols. However, despite initial arrangements, the former minister declined meetings without his lawyers present and later refused all embassy visits, citing legal strategy concerns. High Commissioner Smith expressed disappointment, noting the embassy’s intent was to provide assistance, particularly as no one else had visited him at that time.

Regarding his health, ICE confirmed Ofori-Atta underwent a medical assessment and was deemed fit for detention. Officials also assured the embassy that he had access to his prescribed medications, noting that detainees with serious medical conditions are typically referred to external facilities rather than held onsite. Smith remarked that ICE’s medical centers are well-staffed and expressed satisfaction with the explanations provided.

US immigration lawyer Jonelle Ocloo, with over two decades of experience, emphasized that Ofori-Atta’s case is far from ordinary. She noted that his high-profile status distinguishes him from “regular Ghanaians in detention” and praised the strength of his legal team, which includes a former American Attorney General. Ocloo suggested that the FBI’s involvement likely points to an extradition request rather than a simple visa overstay.

Ocloo outlined possible legal strategies for Ofori-Atta, including filing a writ of habeas corpus in federal court to challenge the legality of his detention, or requesting release on bond ahead of his immigration hearing, provided he is not deemed a flight risk. She concluded that given his “person of means” status and legal resources, “they will find ways for him not to have to be deported.”

High Commissioner Smith provided background on Ofori-Atta’s immigration status, explaining that his five-year B1/B2 visa typically allowed for six-month stays. It appears that re-entry after travel to the UK left him without valid status by November 29, prompting ICE action once his eligibility became clear. Efforts to adjust or extend his visa were reportedly underway, though progress was uncertain at the time of detention.

As of now, Ken Ofori-Atta remains in the custody of US immigration authorities. His legal team continues to work diligently, with an immigration hearing expected to clarify the next steps in this complex and closely monitored case.