The saga of Rep. Ilhan Omar continues to play out days after federal agents raided her Washington, D.C., home amid reports she may have committed immigration fraud.
Attorneys Omar are demanding that federal prosecutors immediately return property seized during a search of her Washington home, accusing the Justice Department of violating judicial restrictions while investigating possible fraud involving her family’s immigration history.
Homeland Security Investigations agents executed a court-approved search warrant at the Minnesota Democrat’s residence Monday as part of a criminal investigation examining whether Omar or members of her family provided false information in immigration or naturalization documents decades ago.
Agents seized Omar’s cellphone, passport, notebooks, personal computers and boxes containing documents, according to multiple reports.
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Omar’s attorneys, Amy Jeffress and Joshua Matz, sent a letter to federal prosecutors Friday demanding the immediate return of the property and preservation of any audio or video recordings made during the search.
“There is no legitimate basis for any suggestion that she has violated any law concerning her citizenship status,” the attorneys wrote.
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“This vindictive, retributive, and politically motivated criminal investigation into one of the President’s chief congressional critics violates Representative Omar’s constitutional rights and threatens the separation of powers,” they added.
Spokesperson for the Department of Justice Emily Covington told ABC news, “Our attorneys and law enforcement partners complied with all court orders and legal obligations, as they always do.”
Omar’s lawyers also accused investigators of failing to comply with restrictions imposed by the federal magistrate judge who authorized the search, including requirements intended to protect constitutionally sensitive congressional materials.
According to the attorneys, investigators were supposed to provide her lawyers with a copy of the warrant and contact the House Office of General Counsel before executing the search, safeguards intended in part to address materials potentially protected by the Constitution’s Speech or Debate Clause.
The attorneys further alleged that Omar attempted repeatedly to contact legal counsel after agents arrived but was prevented from doing so for more than an hour.
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The Justice Department strongly disputed those allegations, with a spokesperson describing Omar’s letter as containing “false allegations and inaccuracies” and insisting investigators complied with applicable court orders and legal requirements.
U.S. Attorney Jeanine Pirro, whose Washington office is handling a separate portion of the investigation involving Omar’s finances, has also defended the search by emphasizing that a federal judge found sufficient probable cause to authorize the warrant.
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The precise scope of the broader investigation remains partly unclear because the warrant remains sealed, but Reuters reported that it identified conspiracy, immigration fraud and false statements on immigration paperwork as potential offenses under investigation.
Investigators are examining whether Omar or relatives provided inaccurate information when the family entered the United States as refugees during the 1990s or during the process through which Omar eventually obtained American citizenship.
Omar was born in Somalia, came to the United States as a refugee and became a naturalized American citizen in 2000.
The Wall Street Journal reported that federal investigators are examining Omar’s naturalization history and that one possible objective of the investigation could be building a case to revoke her citizenship and ultimately seek her deportation if fraud were established.
No charges have been filed against Omar, and the existence of an investigation or search warrant does not establish that she committed a crime.
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More than a dozen grand jury subpoenas have reportedly been issued, including subpoenas involving some members of Omar’s family, demonstrating that investigators are examining evidence beyond the material seized from her residence.
Omar’s attorneys have characterized the investigation as politically motivated and pointed to its timing just weeks before the November 3 midterm elections, when she is seeking a fifth term in Congress.
The Justice Department has traditionally sought to avoid overt investigative actions involving political candidates close to elections, although department officials maintain that the Omar search underwent the required internal review.
Adding another layer to the controversy, The Washington Post reported that immigration officials examined some of the same questions during Trump’s first administration in 2019 but concluded at the time that there was insufficient evidence of wrongdoing to justify a full investigation.
This article may contain commentary which reflects the author’s opinion.
