Federal investigators reportedly examined allegations involving Rep. Ilhan Omar’s marriage during Barack Obama’s presidency but did not pursue criminal charges because prosecutors believed the applicable statute of limitations had expired, according to new reporting that emerges amid a separate Trump administration investigation.
By yourNEWS Media Newsroom
WASHINGTON — Federal investigators examined allegations of marriage fraud involving Rep. Ilhan Omar, D-Minn., during the Obama administration in 2016, according to new reporting indicating that prosecutors declined to pursue charges because they believed the alleged conduct fell outside the federal statute of limitations.
The investigation involved claims that Omar entered into a fraudulent marriage with Ahmed Nur Said Elmi in 2009, allegedly to assist him with immigration matters. Omar has repeatedly denied that Elmi is her brother or that their marriage involved immigration fraud.
According to The New York Post’s account of the New York Times investigation, FBI and Department of Homeland Security investigators examined information they believed raised questions about the marriage.
The report cited current and former officials who said prosecutors determined that potential felony charges involving false statements were subject to a five-year statute of limitations.
Omar married Elmi in 2009, placing the alleged conduct outside that period by the time investigators reviewed the matter in 2016.
Prosecutors consequently did not pursue criminal charges.
The reporting did not establish that Elmi was Omar’s brother, that the marriage was fraudulent or that investigators obtained evidence sufficient to prove a criminal offense in court.
The specific evidence reviewed during the earlier investigation has not been publicly disclosed in full.
The allegations have circulated for years, with critics questioning Omar’s marriage history and immigration records.
Omar has consistently rejected those claims, describing them as politically motivated and unsupported by credible evidence.
The latest revelations emerge as the Trump administration conducts a separate investigation into whether Omar or members of her family provided inaccurate information on immigration paperwork when they entered the United States from Somalia in the 1990s.
Federal agents searched the congresswoman’s Washington, D.C., residence on Oct. 12, seizing her cellphone and other records as part of the investigation.
According to Reuters, investigators are examining possible false statements, immigration fraud and questions surrounding Omar’s acquisition of U.S. citizenship.
The investigation has included subpoenas seeking information from Omar’s relatives and others potentially familiar with her family’s immigration history.
Omar has not been charged with a crime.
The Trump administration’s investigation differs from the previously reported marriage inquiry because it focuses substantially on the circumstances surrounding Omar’s citizenship.
Omar arrived in the United States from Somalia in 1995 and obtained citizenship in 2000 through her father’s naturalization.
According to Omar and her defenders, she was 17 when her father became a citizen, making her eligible to acquire citizenship automatically under the law applicable at that time.
Investigators are reportedly examining allegations that she was actually 18, which could affect whether she qualified for citizenship through her father.
Those allegations remain unproven.
A separate Washington Post investigation found that officials reviewed similar allegations during Trump’s first administration in 2019 but did not identify sufficient evidence of immigration fraud to proceed with a full investigation.
The review reportedly examined questions involving Omar’s birth date, marriage history and her father’s immigration records.
Officials familiar with that inquiry said it ended without findings establishing wrongdoing.
Former President Barack Obama entered the controversy Oct. 18, publicly condemning the current administration’s investigation and accusing federal authorities of targeting Omar because of her criticism of President Donald Trump.
“It is a basic principle of American democracy that the government can’t selectively target individuals simply because of their political beliefs or what they say. But that’s exactly what the Trump Administration is doing to Congresswoman Ilhan Omar of Minnesota,” Obama wrote in a statement reported by Axios.
Obama defended the congresswoman’s citizenship history, explaining that she arrived in the United States with her father as a child and acquired citizenship before reaching adulthood.
“To understand why this is so appalling, it’s important to know the facts. Congresswoman Omar came to this country with her father when she was 12 years old. Five years later, her father became a naturalized citizen. If Ilhan had been 18 at the time, she would have had to apply for citizenship separately. But because she was 17, she became a naturalized citizen automatically,” Obama continued.
The former president accused the Trump administration of attempting to revive unsupported allegations involving events that occurred more than two decades ago.
He also warned that government investigations targeting elected officials could create a precedent for future administrations.
“The fact that any president, or any administration, is willing to engage in such transparent efforts to intimidate someone should outrage all Americans, regardless of how they feel about Congresswoman Omar’s political views,” Obama wrote.
His criticism has drawn renewed attention following reports that federal investigators examined marriage-related allegations during his own presidency.
However, the existence of an earlier investigation does not establish that Obama personally directed it or was informed of its findings.
It also does not establish that the earlier investigation and the Trump administration’s current inquiry involved the same evidence, investigative methods or legal objectives.
The statute-of-limitations issue remains a significant distinction.
Federal prosecutors generally face time limits when pursuing criminal charges related to false statements or immigration offenses.
Civil proceedings involving citizenship can operate under different legal rules, potentially allowing the government to examine older conduct even when related criminal charges are no longer available.
According to The Washington Post, civil denaturalization proceedings are not subject to the same statute of limitations as many federal criminal offenses.
However, authorities would still need to satisfy the legal requirements for challenging citizenship, including establishing the relevant facts and grounds for relief.
The current investigation has also generated a separate court dispute over the government’s refusal to disclose the search warrant and supporting documents used in the October raid.
News organizations have requested that the records be unsealed, arguing that the public has a substantial interest in understanding the basis for a search involving a sitting member of Congress.
The Justice Department has opposed immediate disclosure, maintaining that releasing the documents could interfere with its ongoing investigation.
According to The Washington Post’s Oct. 28 report, prosecutors said investigators were still evaluating evidence and had not made final decisions about potential charges.
Omar has described the search as an effort to intimidate a political opponent and has denied wrongdoing.
Trump administration officials maintain that investigators are examining legitimate questions about immigration records and citizenship eligibility.
The newly reported 2016 investigation adds historical context to those disputes by indicating that federal authorities examined allegations involving Omar before Trump became president.
Nevertheless, neither the reported Obama-era inquiry nor the subsequent federal reviews have produced a publicly established criminal finding against the congresswoman.
As of Oct. 29, Omar remains uncharged, and the outcome of the Trump administration’s investigation has not been determined.
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