Judge limits DOJ access to Rep. Omar's records in immigration probe

A federal magistrate judge in Washington, D.C., limited the Justice Department's access to records seized from the home of Rep. Ilhan Omar during a search on Monday, according to CNN. The restriction was imposed due to Omar's status as a member of Congress and the constitutional protections afforded to legislative work.

Judicial Restrictions on Seized Records

Judge Matthew Sharbaugh of the DC District Court approved the warrant for the search but required the Justice Department to establish a screening process. This process is designed to protect Omar's legislative work from investigators, citing the Constitution’s Speech or Debate Clause. The judge rejected the Justice Department's argument that sequestering the records was unnecessary, stating it was required under the law.

The search was conducted by Homeland Security Investigations, the investigative branch of Immigration and Customs Enforcement. During the operation, federal authorities seized Omar’s phone and issued more than a dozen grand jury subpoenas, including to some of her relatives, according to The Guardian. The subpoenas were issued for a grand jury collecting evidence in Minnesota.

Scope of the Investigation

The investigation targets potential fraud in Omar’s immigration paperwork and possible false statements made on government documents. Sources told CNN that inquiries include whether Omar or her now-deceased father lied about her age when she obtained citizenship in 2000. Omar emigrated to the US as a Somalian refugee around the age of 12 and became a citizen in 2000.

According to Time, Omar’s father filled out and submitted her citizenship application on her behalf when she was 17. The central allegation is whether her father, Nur Omar Mohamed, lied about her age in immigration documents to make her eligible to derive citizenship through him. Omar has denied any wrongdoing and has not been charged with a crime.

Political Context and Reactions

The search occurred less than a month before Election Day, while Omar is running for reelection in Minnesota. This timing is unusual, as the Justice Department generally avoids overt investigative activity that could affect an election within 60 days of Election Day. Top Justice officials signed off on the search despite this norm.

Rep. Omar condemned the search as a political attack. "This is an attempt to target political enemies and weaponize federal law enforcement," Omar said in a post on social media on Monday. "For ten years, Trump has targeted me with baseless lies and smear campaigns. This is just the latest escalation in his campaign of political intimidation."

Homeland Security Secretary Markwayne Mullin dismissed claims that the case is political retribution. "If we actually move a case forward, it’s not a political case. It's actually a case because they did things wrong," Mullin said during an interview with podcaster Benny Johnson, as reported by Time.

Denaturalization Process

While President Trump and other officials have floated the idea of revoking Omar’s citizenship, legal experts note that denaturalization is a rare and difficult process. According to Time, the Department of Justice must file a civil or criminal petition in court. For civil denaturalization, the government must show "clear, convincing, and unequivocal evidence" that the person obtained naturalization illegally or willfully misrepresented a material fact. For criminal denaturalization, the standard is "proof beyond a reasonable doubt."

The Migration Policy Institute reported that an average of 11 denaturalization cases were filed per year between 1990 and 2017. The DOJ has announced efforts to strip at least 108 people of their citizenship in 2026.

Why it matters

The judicial limitation on record access highlights the tension between federal investigative powers and constitutional protections for members of Congress. The timing of the search, weeks before midterm elections, has drawn criticism from Democrats who view it as an abuse of power, while administration officials maintain it is a standard enforcement action. The outcome of the screening process could significantly impact the pace and scope of any potential charges against Omar.

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Sources

• cnn.com: Exclusive: Judge limited Justice Department access to Rep. Ilhan Omar’s records in sprawling immigration fraud probe | CNN Politics
• time.com: Can Trump Strip Ilhan Omar of Her Citizenship? Here's How the Process Works
• theguardian.com: Ilhan Omar’s phone seized and relatives subpoenaed in criminal inquiry, source says | Ilhan Omar | The Guardian

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.