Ilhan Omar faces DHS criminal probe amid marriage fraud allegations; former prosecutor explains legal hurdles

The Department of Homeland Security (DHS) is conducting a criminal investigation into U.S. Representative Ilhan Omar, according to former federal prosecutor Michael Wildes. The investigation centers on allegations that Omar married her brother to gain U.S. citizenship, a claim she has repeatedly denied.

President Donald Trump has been a vocal critic of Omar since her election, and his administration has pursued efforts to denaturalize and deport individuals accused of immigration fraud. Vice President JD Vance has also stated that the Department of Justice is investigating Omar for alleged fraud and immigration violations.

Wildes told Fox News Digital that for a successful marriage fraud case, the government must prove beyond a reasonable doubt that Omar knowingly entered into her marriage with Ahmed Nur Said Elmi, whom critics allege is her brother, with the primary purpose of evading U.S. immigration laws. He emphasized that if the immigration benefit was a byproduct or secondary consideration, it would not be considered illegal.

"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. This is not deemed to be illegal."

If proven, marriage fraud could lead to a sentence of up to five years in jail, a maximum fine of $250,000, or both. However, statutes of limitation could potentially hinder prosecution for the marriage, which occurred in 2009. Wildes also pointed out that denaturalization is a serious process that involves assessing whether mistakes were inadvertent or purposeful.

Denaturalization could also stem from allegations that Omar falsified information when obtaining her own citizenship in 2000. Congressional records state she became a citizen at age 17, but speculation has arisen that her birth year was revised, suggesting she may not have been a minor at the time of her father's naturalization, which could potentially lead to her citizenship being revoked.

Wildes noted that the government makes case-by-case decisions and that the relevance of an intentional lie versus a mistake is critical. He also raised the possibility of simple mistakes on an application rather than fraudulent intent, stating, "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."

Tom Homan confirmed the investigation but did not reveal specific evidence or details. Omar told Fox News Digital that she has not been contacted by DHS and is unaware of any investigation, attributing such claims to "the right wing."

Wildes stated that Omar's lack of awareness does not invalidate Homan's confirmation of the investigation, as the government is not obligated to reveal its hand prematurely, especially given the political sensitivities. He added, "I haven't seen anything that I think is worthy of a prosecution. This is a member of Congress. It may not be your politics, but we have to also make sure that we engage in prosecutions properly and not frivolously."

Neither Omar nor DHS responded to requests for comment from Fox News Digital.