As the detention of Ghana’s former Finance Minister, Ken Ofori-Atta, by U.S. Immigration and Customs Enforcement (ICE) enters another day, legal practitioner Amanda Clinton has issued a caution indicating that Mr Ofori-Atta has likely walked into a carefully laid diplomatic and legal trap.

Mr Ofori-Atta, who has been in the United States seeking medical treatment at the Mayo Clinic for prostate cancer, was detained on January 7, 2026, at the Caroline Detention Facility in Virginia.

While his legal team, Minkah-Premo, Osei-Bonsu, Bruce-Cathline & Partners, maintains the issue is a routine matter of a pending status adjustment, Ms. Clinton suggests the timing and political climate point to a much grimmer reality.

According to Ms Clinton, the former minister’s immigration status has been the subject of quiet speculation for weeks.

“Rumours began circulating that his visa runs out around February 14 — Valentine’s Day,” Ms Clinton revealed, referencing comments she made in late 2025 on Joy News.

 “The speculation was that if he failed to secure an EB-5 green card, deportation would become a real possibility. It now appears that his visa may have expired even earlier than anticipated.”

The EB-5 program, which grants residency to high-net-worth investors, was reportedly Mr Ofori-Atta’s planned "safety net."

Ms Clinton finds it implausible that an individual of his intellect would let a visa expire accidentally.

“This raises the possibility that an extension was sought but ultimately denied,” she noted.

The detention occurs against the backdrop of a radically shifted U.S. immigration landscape.

Following the return of President Donald Trump to office, the Department of Homeland Security (DHS) has implemented aggressive new policies targeting non-citizens with expired status.

As of January 1, 2026, new proclamations have expanded high-priority removals for nationals of countries with high overstay rates.

Ms Clinton warns that Mr Ofori-Atta is an ideal candidate for such removal.

“Under the Trump-era policy framework targeting visa overstayers, he would be considered a high-priority candidate for removal via deportation, absent judicial intervention,” she explained.

She further warned that litigation is rarely a shield, noting that even those with pending challenges are frequently deported before their day in court.

Perhaps the most explosive element of Ms Clinton’s analysis is the suggestion of a "diplomatic trade" between Washington and Accra.

In 2025, Ghana demonstrated "unprecedented cooperation" with U.S. authorities, facilitating high-profile extraditions related to romance fraud and financial crimes.

Ms Clinton posits that there is an "unspoken understanding" now in play:

“If Ghana assists in handing over major figures involved in financial crimes against American victims, they [the U.S.] would assist in repatriating the ‘big fish’ Ken Ofori-Atta... directly and indirectly through expulsion due to visa infringements.”

The former minister currently faces 78 counts of corruption back home, related to the controversial SML/GRA revenue assurance deal and the National Cathedral project. While the Ghanaian government has a "strong incentive" to show resolve in these cases, Ms Clinton warns of the "fine line" being walked.

“While accountability is essential, there is an inherent risk in establishing a precedent that future administrations may apply with equal or greater force—whether three or seven years from now,” she cautioned.

She speculated that a future NPP administration could retaliate by extending investigations back into the Mahama era to address "missed opportunities".

Comparing the situation to past high-profile detentions, such as that of renowned lawyer Mr Tsatsu Tsikata, Ms Clinton suggests Mr Ofori-Atta should not expect bail, especially given his status as a flight risk with an Interpol Red Notice.

“Tsatsu, despite being seriously ill... was nonetheless remanded in custody. Public resistance in such circumstances has historically been limited,” she concluded, suggesting that Mr Ofori-Atta may find himself largely alone as the legal wheels of two nations turn against him.