Ilhan Omar Seen With Tears in Interview When Asked About Facing Deportation Proceedings
Rep. Ilhan Omar (D-MN) could theoretically face denaturalization if federal investigators prove she committed immigration fraud, but a former federal prosecutor says the government would face a very high legal bar.
The issue comes after White House border czar Tom Homan confirmed that the Department of Homeland Security is conducting what he described as a “criminal” investigation involving the Minnesota Democrat.
The investigation centers on longstanding allegations that Omar married her brother in order to obtain an immigration benefit.
Omar has repeatedly denied those claims.
Michael Wildes, an immigration attorney and former federal prosecutor, told Fox News Digital that investigators would need strong evidence showing that Omar knowingly entered into a fraudulent marriage for the specific purpose of evading immigration law.
“In order to establish a successful marriage fraud case, the government would have to prove beyond a reasonable doubt… that the defendant knowingly entered into a marriage with the primary purpose to evade immigration laws and get a benefit,” Wildes said.
He stressed that the immigration benefit would need to be the central purpose of the marriage.
If immigration advantages were merely secondary or developed later, he said, that would not automatically amount to criminal marriage fraud.
“Those are very high bars and thresholds that they would have to surmount,” Wildes said.
“The immigration benefit cannot be a byproduct or secondary consideration.”
The allegations involve Omar’s 2009 marriage to Ahmed Nur Said Elmi.
Critics have long alleged that Elmi was Omar’s brother and that the marriage was designed to help him obtain immigration benefits.
Omar has denied that accusation.
If prosecutors were somehow able to prove marriage fraud, the source says Omar could face up to five years in prison, a maximum fine of $250,000, or both.
However, Wildes also pointed to possible statute-of-limitations problems because the marriage occurred more than a decade ago.
That could make a criminal prosecution significantly more difficult.
A separate question involves whether Omar could lose her U.S. citizenship.
Homan has described denaturalization as a “very serious process.”
Wildes said that any effort to strip Omar of her citizenship would need to focus on whether she falsified information connected to her own naturalization.
Omar says she became a U.S. citizen automatically as a minor when her father was naturalized.
Congressional records state that Omar became a citizen at age 17.
Questions have nevertheless circulated about her age at the time.
Those claims intensified after former Minnesota congressional candidate AJ Kern accused the Minnesota Legislative Reference Library of changing Omar’s listed birth year.
Critics have argued that if Omar was not actually a minor when her father became a citizen, questions could arise over whether she qualified for derivative citizenship.
The source does not establish that those allegations are true.
Wildes said intent would be critical in any denaturalization case.
“If the government were to prosecute for document fraud, we would also want to know whether or not she was represented by counsel, and if there were simple mistakes on her application or inadvertences that may be deemed to be fraudulent,” he said.
He added that the government would need to distinguish between deliberate deception and innocent errors.
“Whether or not [these] things are truthful, hypothesized, or can be backed up in fact, will play heavily in that prosecution,” Wildes said.
The Trump administration has increasingly emphasized denaturalization and deportation cases involving alleged immigration fraud.
President Donald Trump has also repeatedly criticized Omar and called for her to be sent back to Somalia.
The political feud between Trump and Omar dates back years.
Omar became one of Trump’s most outspoken congressional critics during his first administration.
Vice President JD Vance has also previously said the Justice Department was examining possible fraud and immigration violations involving Omar, per Fox News.
Homan, however, has not publicly disclosed what specific evidence investigators may have.
He also has not said exactly what conduct DHS is examining.
Omar told Fox News Digital that she had not been contacted by DHS and had not been informed of any investigation into her marriage or immigration history.
She also dismissed the matter as another round of longstanding accusations from political opponents.
Wildes said the fact that Omar has not been contacted does not mean an investigation is not underway.
“The congresswoman’s not being aware doesn’t change anything,” he said.
“There is no obligation for the government to show their hand.”
He added that investigators would likely want to avoid revealing details prematurely, particularly because of the political sensitivity surrounding the case.
Even so, Wildes said he has not yet seen evidence that would justify a prosecution.
“I haven’t seen anything that I think is worthy of a prosecution,” he said.
He also warned that prosecutors must be especially careful when investigating a sitting member of Congress.
For now, Omar has not been charged with marriage fraud, immigration fraud or any other crime tied to the allegations.
The key question is whether federal investigators can produce evidence showing that she intentionally used marriage or citizenship paperwork to evade immigration law.
Without that, Wildes said, any attempt to prosecute or denaturalize her would face significant legal obstacles.
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