Kenyan national arrested by US immigration authorities over visa overstay

US Immigration and Customs Enforcement (ICE) has arrested Kenyan national Stanley Robert Kungu Muthee in Washington state over an alleged visa overstay.

Muthee was arrested by ICE officers during a traffic stop on Monday while employed by the Washington State Department of Children, Youth, and Families (DCYF), the US news outlet reported.

ICE confirmed to Fox News that its Seattle office had arrested Muthee, who was reportedly wearing a DCYF jacket at the time. He was also said to have been carrying an identification card belonging to the state agency.

According to Fox News, Muthee entered the United States on February 6, 2019, on a B-2 tourist visa but remained in the country after his authorised stay expired.

The report said he admitted during his arrest that he worked for the state department, which oversees services for children, young people and families.

DCYF confirmed that Muthee had been employed by the agency since August 16, 2024, but said he had presented documentation indicating that he was authorised to work in the US when he was hired.

“This individual has been employed with the Washington State Department of Children, Youth, and Families since Aug. 16, 2024,” Nancy Gutierrez, the department’s director of communications, told Fox News.

“The individual provided the appropriate documentation when he was hired, which indicated he was authorized to work. This included a valid United States Citizenship and Immigration Services (USCIS) number with no expiration date. We have not been notified of a change in his status,” she added.

The department’s statement did not indicate whether Muthee’s employment status would change following his arrest.

The case highlights the distinction between authorisation to work in the US and lawful immigration status. A person may qualify for employment authorisation under certain immigration processes without having permanent legal status in the country.

Applicants for asylum can, subject to eligibility requirements and applicable waiting periods, apply for employment authorisation while their cases are pending. Such authorisation does not, by itself, grant lawful immigration status or prevent detention by immigration authorities.

ICE had not provided further details about Muthee’s case in the information cited by Fox News.