Ken Ofori-Atta
Ghana’s Ambassador to the United States, Victor Smith, has disclosed that former Minister for Finance, Ken Ofori-Atta, is expected to appear before a US immigration judge on January 20, 2026, as proceedings begin to determine his immigration status.
Speaking on Joy News’ PM Express on Monday, Ambassador Smith said the hearing, which may be conducted virtually, will be a critical turning point in the case following Mr. Ofori-Atta’s detention by the United States Immigration and Customs Enforcement (ICE).
“My information is that on January 20, he may not be in court himself. It might be done virtually, because the FBI don’t want him to be moved about too much,” Mr. Smith stated.
He explained that once the matter is placed before an immigration judge, the next steps would depend entirely on the court’s determination.
According to him, if there is no legal basis to keep the former Finance Minister in the United States, deportation could follow almost immediately.
“Now it will be in front of an immigration judge, and if the immigration judge has no basis to keep him here longer, he will be on the next flight to Ghana. That’s what I know,” the Ambassador said.
The case has drawn significant public attention after confirmation that Mr. Ofori-Atta had been taken into ICE custody over questions surrounding his immigration status in the United States.
His legal team has since indicated that he is cooperating fully with authorities while efforts are underway to regularise his stay.
According to the lawyers, Mr. Ofori-Atta has a pending petition for adjustment of status, a process under US immigration law that allows an individual to remain in the country beyond the validity of an initial visa while an application is being considered.
Beyond the immigration process itself, Ambassador Smith addressed speculation surrounding Mr. Ofori-Atta’s nationality, stressing that it is not in doubt.
He described the case as a “special” one compared to other immigration matters handled by the Ghana Mission in recent months.
“In this particular special case, they have three of his passports, all of them. So clearly, that is a Ghanaian,” he said.
Mr. Smith explained that in many deportation cases, nationality verification often delays proceedings, particularly where detainees lack proper documentation.
In such instances, diplomatic missions are required to assist in proving the individual’s country of origin before deportation can proceed.
“Some of the detainees with whom we’ve come into contact had no documents. They were undocumented, so we had to try and prove that they were Ghanaians before they would make that determination to fly them out,” he noted.
He added that in some cases, matters remain unresolved because nationality cannot be conclusively established.
“So then sometimes they go to court, and we’re not able to finish that matter, because we cannot prove where they are coming from,” he said.
The Ambassador said Mr. Ofori-Atta’s situation, however, is markedly different.
According to Victor Smith, ICE has confirmed that it is in possession of three Ghanaian passports belonging to the former minister, all bearing identical personal details.
Pressed on the type of passports seized, Mr. Smith said they were the newer biometric Ghanaian passports with embedded chips, leaving no room for doubt about his nationality.
“They said they have his three passports, and each one had the same details. So they have no reason to believe that he had another nationality,” he said.
Although he could not confirm whether all three passports were valid at the time they were taken into custody, the Ambassador stressed that the issue before the immigration judge is not nationality but immigration status.
“So I take it that the matter is settled. He’s a Ghanaian,” he said, adding, “Now, if there is no basis to keep him here longer because his visa is out of status, he doesn’t have a visa to remain in this country, that is the easiest way to take him back to his country.”
Mr. Smith also dismissed claims that Mr. Ofori-Atta may hold citizenship of another country, saying there is no evidence to support such assertions.
“Initially there was a suspicion, but there’s no evidence. So far, as far as ICE is concerned, we haven’t had any evidence that he has some other passports, or has some other details other than what is in his passport,” he said.
By Ernest Kofi Adu