(Daily Caller News Foundations) — Democratic Minnesota Rep. Ilhan Omar’s potential denaturalization and deportation could create legal challenges for legislation that passed the House by a one-vote margin.
Federal authorities opened an investigation into Omar’s immigration status and could build a case to strip her U.S. citizenship, which she obtained in 2000 when she was allegedly 17 years old. If denaturalized, the de facto officer doctrine would continue to validate any official action she took in Congress because she appeared to have the legal authority at the time, although an expert told the Daily Caller News Foundation that any legislation that passed by a one-vote margin would “likely” be challenged in court.
“[Omar] wouldn’t be able to serve in Congress and would likely have to leave the country, depending on whether there’s any residual immigration status that isn’t also stripped for fraudulently obtaining it (which is the standard for denaturalization),” Manhattan Institute senior fellow Ilya Shapiro told the DCNF. “Beyond that, her official acts would be undisturbed, though the closest call, and likely litigation, would be over any laws that were enacted with a one-vote House margin that she voted for.”
The de facto officer doctrine preserves the validity of official acts performed by a person who occupied the office at the time, even if they were later found ineligible to serve. This would mean Omar’s votes, committee actions and co-sponsored bills would remain legally binding.
Litigation could be brought if legislation passed by a single vote margin, since one could argue that the law should not be enacted if one of the lawmakers who voted “yes” was illegitimate. Courts are generally reluctant to invalidate enacted laws based on one disqualified lawmaker’s vote.
U.S. courts adopted the doctrine as part of the inherited English common law and applied it in landmark Supreme Court cases.
“Rep Omar is either a citizen, in which case she is eligible to be a Member of Congress, or she isn’t, in which case she is constitutionally ineligible to be a member of Congress. It is a black or white issue,“ Cully Stimson, a senior legal fellow at the Heritage Foundation, told the DCNF.
“If it is proven that she is not a citizen, she is no longer eligible to sit in Congress,“ Cully continued. “She would have to depart her position as a member of the House if it was proven that she was not a citizen. If she didn’t leave voluntarily, that would be new ground and the House leadership at the time could move to expel her under House rules. Finally, if it is proven that she is not a citizen, she would be eligible to be deported.”
The investigation will look into whether Omar’s late father, Nur Omar Mohamed, lied or omitted information in immigration forms before becoming a U.S. citizen, including his daughter’s age. The Department of Justice (DOJ), the Department of Homeland Security (DHS) and the U.S. attorney in Minneapolis are investigating Omar’s immigration status by looking into whistleblowers’ accounts, documents and witness testimonies.
The DOJ issued about a dozen subpoenas Wednesday as part of the probe, including to members of Omar’s family.
President Donald Trump’s administration repeatedly accused Omar of committing immigration fraud by marrying her brother, Ahmed Nur Said Elmi.
Omar accused the administration of politically targeting her with “baseless lies and smear campaigns.”
“I’m ok. Make no mistake: this is an attempt to target political enemies and weaponize federal law enforcement. For ten years, Trump has targeted me with baseless lies and smear campaigns. This is just the latest escalation in his campaign of political intimidation. I will not be silenced,” Omar said in a Monday statement on X.
House Democratic leadership accused the Trump administration of weaponizing the government against their political “adversaries.”
“The Trump administration’s raid on Congresswoman Ilhan Omar’s home is deeply disturbing and raises serious questions about the continued corrupt weaponization of the federal government against Donald Trump’s adversaries,” House Minority Leader Hakeem Jeffries, Minority Whip Katherine Clark and Caucus Chair Pete Aguilar said in a joint statement. “For years, Donald Trump and far-right extremists have relentlessly targeted Congresswoman Omar with vile personal attacks and baseless accusations.
“Now, less than 30 days until the midterm election, his violent mass deportation machine has descended upon the home of a duly elected Member of Congress and her family,” the statement continued. “The American people deserve transparency, and we will deliver full accountability for the rogue abuse of power from the Department of Homeland Security and Department of Justice.”
U.S. Attorney for the District of Columbia Jeanine Pirro confirmed her office is investigating Omar’s financial disclosures.
This article was originally published by the Daily Caller News Foundation.
