President Donald Trump often returns to familiar themes at campaign rallies. Lately, those have included praise for Sen. Jon Husted of Ohio and criticism of former President Joe Biden and Vice President Kamala Harris. In recent weeks, Rep. Ilhan Omar, a Minnesota Democrat, has also become a frequent target.
The Department of Homeland Security and the Justice Department are investigating allegations involving Omar’s immigration history and financial disclosures. Trump has accused her of using a false name and said she should resign, adding that Democrats had effectively given up her seat. They have not.
Trump has also claimed Omar cannot legally serve in Congress. But the Constitution gives the House and Senate authority to judge their members’ elections, qualifications and conduct. Expelling a member requires a two-thirds vote in that chamber.
That authority could become relevant if the House examines questions about Omar’s citizenship. The New York Times has reported that the Justice Department under President Barack Obama scrutinized her in 2016, and that investigators found evidence suggesting she may have entered into a fraudulent marriage. If allegations about her naturalization were substantiated, they could raise questions about her eligibility to serve.
Republicans have pursued claims about Omar for years, while some Democrats worry the issue could become a major distraction, particularly if they take control of the House after the midterm elections.
The earlier inquiry began in 2016, when Omar was running for the Minnesota Legislature, and continued into the Biden administration. Federal investigators closed it in 2021. After the Trump administration searched Omar’s home in October and seized documents and electronic devices, Obama defended her, saying the government should not target people because of their political views or speech. He said the investigation had upended her life and amounted to an attempt to intimidate her.
Asked by livestreamer Hasan Piker how she was coping with the investigation, Omar said the situation felt familiar. A spokeswoman for the congresswoman has repeatedly rejected the allegations, calling them a baseless and offensive conspiracy theory.
The reported scrutiny a decade ago has made it harder for Omar’s critics to dismiss the current claims as mere online speculation. Fox contributor Paul Mauro questioned who had ordered the earlier investigation closed, noting that reports indicate both the Obama and Biden administrations had examined the matter.
During her 2016 campaign, Omar’s team released a letter from a U.S. attorney saying the office was not investigating her and had not requested an inquiry. That leaves room for competing interpretations: Omar’s supporters may point to the lack of a case, while Republicans are likely to cite the reported scrutiny as grounds for further questions.
Kathryn Pearson, a political science professor at the University of Minnesota, said both parties would try to use the earlier inquiry to their advantage.
John Nagel, the Republican challenging Omar, described the investigation as a political dividing line. He said the search of her home made the allegations especially serious, and accused her of putting Somalia ahead of the United States.
Rep. Randy Fine, a Florida Republican, said Omar should be removed and potentially imprisoned if evidence showed she was not an American citizen. Rep. Chris Smith, a New Jersey Republican, urged caution, saying the investigation should be thorough and fair.
Rep. Mike Lawler, a New York Republican, said the House Ethics Committee should investigate. He noted that expelling a sitting member takes a two-thirds vote and said he doubted Democrats would support expulsion without formal findings.
The issue could become a difficult one for the House after the midterms, including when the next Congress convenes in January. If Democrats win control, House Democratic leader Hakeem Jeffries could face questions about whether Omar should be seated if Republicans try to block her.
A motion to exclude a member can arise before the new speaker administers the oath to the House. That could put newly elected Democrats from competitive districts in the position of casting an early, high-profile vote on Omar’s seat. Supporting her could give Republicans an opening to criticize those members; voting against her could anger progressives and Democratic Socialists who see her as an ally.
The dispute could deepen divisions within the Democratic caucus. For now, Omar remains a prominent target for Trump and Republicans, and the investigation is unlikely to fade from the political debate.
