Rep. Ilhan Omar’s immigration and naturalization history is facing renewed scrutiny as federal authorities investigate allegations involving the Minnesota Democrat, though no charges have been announced and longstanding claims surrounding her marriage remain unsubstantiated.
White House border czar Tom Homan has confirmed that Homeland Security Investigations is conducting what he described as an ongoing criminal investigation involving Omar. Homan has declined to publicly disclose the evidence investigators have obtained or specify the full scope of the inquiry.
The renewed scrutiny follows public allegations from Homeland Security Secretary Markwayne Mullin that Omar married British citizen Ahmed Nur Said Elmi, whom critics have long claimed was her brother, in an effort to help him obtain immigration benefits.
Omar has repeatedly denied that Elmi is her brother. No public court finding, DNA evidence or other official determination has established that the two are siblings.
Even if the marriage-fraud allegation were proven, however, the 2009 marriage would not by itself provide grounds to deport Omar while she remains a US citizen, according to immigration officials and a former Immigration and Customs Enforcement attorney cited by the New York Post.
Federal law makes knowingly entering a marriage to evade immigration laws punishable by up to five years in prison and a fine.
The general federal statute of limitations for noncapital offenses is five years, meaning a criminal marriage-fraud prosecution based solely on conduct dating to 2009 would ordinarily fall well outside that window, absent circumstances that legally extend or suspend the limitation period.
Investigators therefore may be focusing more closely on Omar’s original immigration and citizenship history, according to immigration sources cited by the Post.
Omar was born in Somalia and fled the country with her family during its civil war. Congressional historical records state that her family received asylum in the US in 1995 and that Omar became a naturalized US citizen in 2000 at age 17.
The Post reported that investigators could examine paperwork submitted during the family’s immigration and naturalization process, including representations made by Omar’s late father.
One issue reportedly under examination is whether information concerning Omar’s identity and age was accurately provided when she obtained citizenship through her father.
Official congressional records list Omar’s birth date as Oct. 4, 1982. The House’s historical account states that she became a US citizen in 2000 at age 17.
No evidence has been publicly released establishing that Omar or her father intentionally misrepresented her age or identity during that process.
Potential false statements connected to the acquisition of citizenship could carry different consequences from the much later marriage allegation.
Federal law permits the government to seek revocation of naturalization when citizenship was illegally obtained or was procured through concealment of a material fact or willful misrepresentation.
Unlike an ordinary criminal marriage-fraud prosecution, civil denaturalization proceedings are not subject to the same five-year criminal statute of limitations. The Justice Department has said civil denaturalization cases have no statute of limitations.
If the government established in court that citizenship was obtained through qualifying fraud or material misrepresentation, citizenship could potentially be revoked. Any subsequent immigration consequences would require their own legal process, per the New York Post.
The Post reported that federal investigators are examining possible discrepancies in the immigration records of Omar and her late father rather than relying solely on the allegations involving Elmi.
Omar’s father, Nur Omar Mohamed, died in 2020. The Congressional Black Caucus said at the time that he and his family fled Somalia’s civil war, spent time in a refugee camp in Kenya and eventually received asylum in the US.
Mullin has publicly alleged that Omar could ultimately face immigration consequences if investigators prove fraud occurred during the citizenship process. Omar has rejected allegations concerning her immigration history and marriage.
As of Sept. 17, no federal charges have been filed against Omar related to marriage fraud, naturalization fraud or immigration fraud, and federal authorities have not publicly released evidence establishing that her citizenship was improperly obtained.
