Judge restricts Justice Department's access to Rep. Ilhan Omar's documents in immigration fraud probe
A Washington, D.C. magistrate judge limited the scope of a Justice Department search of Rep. Ilhan Omar's home, citing constitutional protections for members of Congress amid an ongoing immigration fraud investigation.
A federal magistrate judge in the District of Columbia has narrowed the Justice Department's ability to review documents seized during a search of Rep. Ilhan Omar's Washington, D.C., residence. Judge Matthew Sharbaugh said the department must establish a screening process to protect the congresswoman's legislative work, invoking the Constitution's Speech or Debate Clause.
The search, ordered on Monday, is part of a broader immigration fraud investigation that examines whether Omar or her late father provided false statements on government forms, including claims about her age at the time she obtained citizenship in 2000. Prosecutors also seek to determine if a larger conspiracy involving falsified information exists.
Omar, a Somali-born member of the House and a candidate for re-election in Minnesota, called the raid a political attack. "This is an attempt to target political enemies and weaponize federal law enforcement," she wrote on social media.
The Justice Department, led by officials in the deputy attorney general’s office and the U.S. attorney's offices in Minneapolis and Washington, D.C., had previously issued at least a dozen subpoenas to relatives and other witnesses. The investigation has been renewed under the current administration, which has pushed for a more aggressive approach than previous inquiries.
Legal experts note that the judge's limitation could slow any potential criminal case, as the screening requirement may restrict investigators' access to materials that could be used as evidence. The decision also underscores ongoing debates over the balance between law-enforcement authority and congressional immunity.
Separate inquiries into Omar's financial disclosures and campaign finance practices continue in the D.C. U.S. attorney's office, according to statements from officials.
"If someone committed immigration violation, someone committed marriage fraud or anything like that, regardless if they’re a congressman or not, no one’s above the law, so I’ll leave it at that," a White House official said in a recent interview.
The case highlights heightened scrutiny of investigations involving members of Congress during an election season, a period when the Justice Department typically avoids actions that could influence voting outcomes.