Federal investigators have obtained DNA evidence they plan to use as part of their expanding immigration fraud investigation involving Rep. Ilhan Omar, according to a new report that could mark a significant development in the federal probe surrounding the Minnesota Democrat.
The New York Post reported Monday that prosecutors are examining genetic evidence alongside government records and information supplied by whistleblowers as they investigate allegations involving Omar and members of her family.
One person familiar with the investigation told the Post that the DNA evidence could be important to examining the longstanding allegation that Omar’s former husband, Ahmed Nur Said Elmi, is her biological brother. Omar married Elmi in 2009, and critics have alleged for years that the marriage was intended to help him obtain legal immigration status in the United States, an accusation Omar has repeatedly and emphatically denied.
The Post report does not disclose the results of any DNA testing, identify whose genetic samples were compared or independently establish that Omar and Elmi are related, meaning the central allegation remains unproven publicly.
It is also unclear when investigators obtained the reported DNA evidence or whether it was collected before or after Homeland Security Investigations agents searched Omar’s Washington, D.C., residence on October 12.
Federal agents were photographed leaving the residence carrying boxes marked as seized evidence, while authorities also took Omar’s personal cellphone and issued more than a dozen grand jury subpoenas, including subpoenas involving members of her family.
Reuters reported last week that the sealed search warrant identified conspiracy, immigration fraud and false statements on immigration paperwork as potential offenses under investigation, although no charges have been filed against Omar.
Two sources cited by the Post said investigators believe the search, DNA evidence and other material collected during the investigation could provide a basis for prosecutors to present a conspiracy case to a federal grand jury.
That assessment represents the view of unnamed sources familiar with the investigation and does not mean a grand jury has returned an indictment or that prosecutors have established the allegations against Omar. The potential conspiracy component could become important because many of the events being investigated allegedly occurred years ago, raising questions about applicable statutes of limitations. Some immigration violations have a statute of limitations, but not conspiracy cases.
Former federal prosecutor Neama Rahmani told the Post that prosecutors pursuing a conspiracy theory could potentially introduce older conduct as alleged overt acts while relying on more recent actions to establish a charge within the applicable limitations period.
Investigators are also examining a separate theory involving Omar’s original immigration and naturalization records, including whether Omar or relatives supplied inaccurate information when her family entered the United States as Somali refugees during the 1990s.
Omar arrived in the United States in 1995 at age 12 after her family fled Somalia and spent several years in a Kenyan refugee camp, and she became a naturalized American citizen in 2000 through her father. The investigation is reportedly examining whether information involving Omar’s birth date or other details connected with her family’s immigration history was misrepresented during that process.
Federal officials are also scrutinizing Omar’s late father, Nur Omar Mohamed, and whether information provided about his background was accurate, according to reporting on the investigation.
The Post reported that Elmi later sought a marriage-based green card but withdrew the application after U.S. Citizenship and Immigration Services requested additional documentation concerning his marriage to Omar. They separated in 2011 and legally divorced in 2017, while Omar has consistently rejected allegations that their marriage involved immigration fraud.
Questions surrounding Omar’s marriage history have circulated for years, and federal officials reviewed some of the same allegations during President Donald Trump’s first administration without finding sufficient evidence at the time to pursue an immigration fraud case.
The current investigation appears considerably more extensive, however, involving a court-authorized residential search, seized electronic devices, numerous subpoenas and interviews with Omar’s relatives.
