Tom Homan confirmed the criminal investigation into Omar’s alleged marriage and immigration fraud but would need to prove intent. Experts say proving it is highly unlikely.
By Catholics for Catholics
The Trump administration’s fracas with Rep. Ilhan Omar could go as far as accusing the Minnesota congresswoman of immigration fraud, but even a criminal probe would not get the results the President is looking for, according to a story by Fox News.
Michael Wildes, an immigration attorney, told Fox News Digital that investigators face a “very high bar” to form a case against Omar after White House border czar Tom Homan confirmed the Department of Homeland Security (DHS) is carrying out a “criminal” investigation against the progressive “Squad” member.
The probe comes from claims that Omar allegedly married her brother to nab U.S. citizenship, which she has repeatedly repudiated.
Omar and President Donald Trump have a hoary grudge that goes back to when she was first elected in the middle of his first term, and rapidly turned into one of his most vocal critics in Congress. Again and again, Trump has called for Omar to be returned to Somalia because of her alleged fraudulent actions.
All of this happens right when the Trump administration continues to increase efforts to denaturalize and deport individuals accused of immigration fraud. And Vice President JD Vance said earlier this year that the Department of Justice is probing Omar for alleged fraud and immigration violations.
Rep. Randy Fine just said it on camera.
— QThestorm (@17QStorm) September 26, 2026
Ilhan Omar is still a citizen of Somalia. She never gave it up.
His bill would make that a disqualifier. Renounce the foreign passport or get out of Congress.
“You’re either American or Somali. It’s just that simple.”
She swears an oath…
“In order to establish a successful marriage fraud case, the government would have to prove beyond a reasonable doubt… that the defendant knowingly entered into a marriage with the primary purpose to evade immigration laws and get a benefit,” Wildes said.
Wildes pointed out that even if Omar and her husband, Ahmed Nur Said Elmi, chose after getting married that their relationship could be a scheme for Elmi to fast pass America’s immigration process, this would not be considered marriage fraud in court.
He continued, “Those are very high bars and thresholds that they would have to surmount. The immigration benefit cannot be a byproduct or secondary consideration. This is not deemed to be illegal.”
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