US ICE declares former finance minister Ofori-Atta an “illegal alien” after visa overstay

United States Immigration and Customs Enforcement (ICE) has confirmed that Ghana’s former Minister of Finance, Kenneth Nana Yaw Ofori-Atta, overstayed his visa and is now classified as an “illegal alien” under U.S. immigration law.

In a written response to inquiries from Ghanaian journalists, an ICE spokesperson disclosed that Mr. Ofori-Atta entered the United States on May 28, 2025, on a visitor visa, which expired on November 27, 2025. He is said to have remained in the country beyond the permitted period without legal authorization.

According to ICE, the visa overstay constitutes a breach of U.S. immigration regulations and exposes the former minister to possible deportation proceedings. The agency indicated that the process includes the issuance of a Notice to Appear before an immigration judge under the U.S. Department of Justice. ICE further stated that Mr. Ofori-Atta will remain in custody while the immigration process unfolds.

“Aliens must respect our laws or face consequences. Overstaying a visa is an immigration violation that can result in deportation,” an ICE official said.

Detention, Charges, and Extradition Context

Mr. Ofori-Atta has been in ICE custody at the Caroline Detention Facility in Virginia since his arrest in early January 2026. His detention comes amid an active extradition request by the Government of Ghana, where he faces 78 corruption and corruption-related charges stemming from alleged financial misconduct during his tenure as Finance Minister between 2017 and 2023.

While Ghanaian authorities have formally requested his extradition, U.S. officials have clarified that his immediate legal status is being handled strictly under U.S. immigration law, separate from the extradition process.

Ghana’s Minister for Foreign Affairs, Samuel Okudzeto Ablakwa, has stated that U.S. authorities have assured Accra that they will not obstruct Ghana’s extradition request. However, any extradition proceedings will only be considered after the conclusion of Mr. Ofori-Atta’s immigration case in the United States.

Lawyers representing the former finance minister have argued that his prolonged stay in the U.S. was not deliberate but necessitated by medical treatment, including surgery undertaken in 2025. They maintain that he has taken steps to regularise his immigration status and is cooperating fully with U.S. authorities.

The case has reignited public debate in Ghana and internationally over immigration enforcement, diplomatic considerations, and cross-border legal cooperation, particularly in cases involving high-profile political figures.

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