Former Ghanaian Finance Minister Kenneth Nana Yaw Ofori-Atta has been detained by the United States Immigration and Customs Enforcement (ICE), according to official records published on the ICE website. He is currently being held at the Caroline Detention Facility in Virginia and is scheduled to appear before a US court on Tuesday, January 20, 2026. The detention has raised significant interest due to his ongoing legal challenges in both the United States and Ghana.
ICE Custody and US Immigration Status Issues
ICE records confirm that Mr Ofori-Atta was taken into custody over issues related to his immigration status in the United States.
According to a public notice issued by his Ghana-based law firm, Minkah-Premo, Osei-Bonsu, Bruce-Cathline and Partners (MPOBB), the former minister has a pending application for adjustment of status, a lawful process that allows a foreign national to remain in the US beyond the validity of their original visa.
His US-based legal team is currently engaging ICE authorities to prevent a possible removal or deportation.
Official Statement From Ofori-Atta’s Lawyers
In a statement released last Wednesday evening, MPOBB stated that:
“Mr Ofori-Atta has a pending petition for adjustment of status, which authorises a person to stay in the US legally past the period of validity of their visa. Under US law, a change of status by this method is common.”
The firm added that Mr Ofori-Atta is law-abiding, fully cooperating with ICE, and expects the issue to be resolved expeditiously.
Understanding Adjustment and Change of Status in US Immigration Law
Under US immigration law, non-citizens may apply for a Change or Adjustment of Status without leaving the country, provided they were lawfully present and apply before their existing status expires.
Common examples include:
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B-1/B-2 Tourist Visa → F-1 Student Visa
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F-1 Student Visa → H-1B Work Visa
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Temporary visa → Permanent residency (Green Card)
However, eligibility depends on compliance with visa conditions and timely application.
Double Legal Challenge: US Immigration and Ghana Corruption Case
Mr Ofori-Atta’s US detention comes amid a separate and more serious legal battle in Ghana.
The Office of the Special Prosecutor (OSP) has secured an arrest warrant seeking his return to Ghana to face trial over alleged corruption linked to the Strategic Mobilisation Limited (SML) contract saga, which reportedly caused a financial loss of over GH¢1.4 billion to the state.
Details of the SML Contract Case
The former minister and seven others are facing 78 criminal charges, including:
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Causing financial loss to the state
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Using public office for profit
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Wilful oppression
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Procurement manipulation
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Entering multi-year financial commitments without parliamentary approval
The other accused persons include:
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Two former GRA Commissioner-Generals
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Two former Customs Commissioners
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A former aide to the Finance Minister
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The CEO of SML
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Strategic Mobilisation Limited (SML)
All co-accused persons have pleaded not guilty.
Lawyers Insist Ofori-Atta Is Not Evading Justice
Lawyers for Mr Ofori-Atta have consistently maintained that he is not fleeing justice, explaining that he travelled to the US for urgent medical treatment.
They argue that his cooperation with both US immigration authorities and legal processes in Ghana demonstrates good faith.
