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THE HILL

Federal agents search Rep. Ilhan Omar's home in a criminal immigration-fraud probe, 22 days before her election

Political Guyentist · October 13, 20263 min read

THE HILL

Sources say the probe centers on immigration papers her late father filled out when she was a child; she became a citizen in 2000, at 17.

Homeland Security Investigations agents searched the Washington-area home of Ilhan Omar (Rep-D Minnesota) before dawn on Monday, Oct. 12. The agents belong to the criminal investigative arm of ICE (Immigration and Customs Enforcement). The Justice Department said they “executed a judicially authorized search warrant” as part of an “ongoing federal criminal investigation.”

The warrant. Reason cites The New York Times reporting that the warrant lists three possible crimes: false statements, fraud in immigration paperwork, and conspiracy. Fox News reported the search first.

The reactions. Omar said on X that she was “ok,” called the search an attempt to “weaponize federal law enforcement” and wrote, “I will not be silenced.” Trump called her “totally crooked” and said the search had “nothing to do with me.” Don Beyer (Rep-D Virginia) accused the administration of tipping off Fox News in advance.

The timing. The Justice Department usually avoids public steps against candidates in the 60 days before an election; this is a custom, not a law. The search came 22 days before the Tuesday, Nov. 3 midterm elections. Last month, Homeland Security Secretary Markwayne Mullin said of the Omar inquiry that “something's going to happen.”

Still open. The department has not named the court, the judge, or any act it says Omar herself committed.

What criminal charges before Nov. 3 would not doRemove her from the ballot: a charge, or even a felony conviction, adds no disqualification for House office, per the…3 details
  • Remove her from the ballot: a charge, or even a felony conviction, adds no disqualification for House office, per the Congressional Research Service.
  • Unseat her: expulsion takes a two-thirds House vote, and the House has expelled six members in its history.
  • Strip her citizenship: that takes a separate civil suit, proven by clear and convincing evidence. A search warrant needs only probable cause.

What we’re less sure of3 of 8 claims

Red take

Rep. Ilhan Omar, the Minnesota Democrat, earns no exemption by being on the ballot: a court approved the warrant, which The New York Times reports lists false statements, immigration-paperwork fraud and conspiracy. The 60-day pre-election pause is a custom, not a law. Harden it into a rule, and anyone under investigation could buy a fresh delay simply by running again.

Blue take

The Justice Department set aside its usual 60-day pre-election caution to search the home of Rep. Ilhan Omar, the Minnesota Democrat, over papers her late father reportedly filled out when she was a child, and it still names no act she committed. Last month Homeland Security Secretary Markwayne Mullin promised 'something's going to happen.' With 22 days left, that search lands with voters as a verdict they cannot test.