Work Permit Does Not Prevent US Visa Overstay Arrest, Case Shows

US Immigration and Customs Enforcement (ICE) has arrested a Kenyan national working for Washington State's Department of Children, Youth, and Families over allegations that he overstayed his visa and remained in the United States unlawfully. The case underlines a distinction that often surprises visitors and workers in the US: permission to work and lawful immigration status are not the same thing.

Key facts

• Who was arrested: Stanley Robert Kungu Muthee, a Kenyan national employed by Washington State's Department of Children, Youth, and Families
• Who acted: ICE's Seattle office, during a traffic stop on Monday
• Entry details: he entered the United States on 6 February 2019 on a B-2 tourist visa and did not leave when required
• Employment: he had worked for the state department since 16 August 2024
• Allegation: overstaying his visa and remaining in the United States unlawfully

What happened?

ICE said its Seattle office arrested Muthee during a traffic stop on Monday. At the time of the arrest, he was wearing a jacket belonging to the Washington State Department of Children, Youth, and Families and carried an employee identification card, the report said.

ICE criticised the employment of people it considers to be unlawfully present in government agencies responsible for children's safety and welfare.

How was he employed if he had overstayed?

The department's Director of Communications, Nancy Gutierrez, said Muthee had presented documentation showing he was authorised to work in the United States when he was hired. Those documents included a valid US Citizenship and Immigration Services number with no expiration date, she said, adding that the department had not been notified of any change in his immigration status.

What does US immigration law say about work permits?

US immigration rules distinguish between authorisation to work and lawful immigration status. In some circumstances, people with pending asylum claims may qualify for employment authorisation while their immigration cases are being processed.

However, a work permit does not, by itself, grant lawful immigration status or guarantee protection from deportation.

What this means for travellers

Anyone in the United States on a temporary visa should keep track of the date their permitted stay ends and leave by that date unless a change of status has been granted. Having a job, a Social Security-style work authorisation number or an employer ID card does not extend a visa or make an overstay lawful.

The source does not say what stage Muthee's case has reached, whether he has been charged, or what will happen next. It also gives no figure for how long his stay was originally permitted to last.