Federal agents allegedly searched through rubbish linked to Ilhan Omar in an attempt to obtain DNA from the Minnesota congresswoman and her family, days before raiding her Washington DC home.
People familiar with the investigation described the genetic material as potentially critical to the case. The reported search of discarded rubbish took place before Homeland Security Investigations, the investigative arm of Immigration and Customs Enforcement, searched Ms Omar’s property on Monday.
Agents seized her mobile phone, notebooks, personal computers and passport. The precise nature of the federal criminal investigation has not been made public.
Former FBI special agent Tracy Walder said investigators could potentially collect DNA from rubbish without obtaining a search warrant if it had been left in a public place.
“I don’t know exactly what they’re doing in this dumpster-diving because there are so many things that you could be looking for,” Ms Walder said.
“To me, if they are obviously trying to obtain DNA, then, yes, that is a very easy get, especially if it was discarded even in a trash can. You don’t need a warrant to really do any of that, as long as it’s in a public place.”
Investigation into immigration allegations
A federal judge approved the search of Ms Omar’s home after investigators presented messages from her sister, Sahra Noor, whose phone was seized earlier this year. The contents of those messages remain unknown.
The investigation appears to include allegations of immigration fraud. These include claims that Ms Omar’s father lied about her age when she obtained US citizenship in 2000, and that she later married her brother to help him secure citizenship.
Ms Omar has repeatedly denied wrongdoing and has rejected the allegation concerning her marriage as racist. The reported DNA-gathering operation could be relevant to those claims, although former federal prosecutor Shan Wu questioned how genetic evidence would connect to a fraud investigation.
“If we’re looking at DNA, it’s like a whodunnit: ‘Were they there?’ And it’s kind of hard to figure out how the fraud investigation would figure into that type of evidence,” Mr Wu said.
Investigators are also seeking immigration records to establish whether Ms Omar or her father, Nur Omar Mohamed, changed her age on her citizenship application, listing her as 17 rather than 18.
Her age was significant because a person aged 18 would have been required to pursue their own immigration process, while someone aged 17 could obtain citizenship automatically when their father’s naturalisation was approved. Ms Omar said in 2018 that she became a citizen “before I turned 18” through her father’s naturalisation.
Sources familiar with the investigation have said the search of Ms Omar’s home took place at the same time as more than a dozen other raids. Other members of her family are also said to be implicated, with some named in subpoenas issued by federal prosecutors.
The evidence collected is expected to be presented to a grand jury. The investigation is being coordinated by the Minneapolis office of Homeland Security Investigations, which could indicate a connection to allegations of public-benefits fraud involving members of the local Somali community.
Omar accuses Trump administration of intimidation
Ms Omar, who has represented Minnesota since 2019 and is seeking a fifth term, said the search was part of President Donald Trump’s “campaign of political intimidation”. The raid came about three weeks before her re-election bid, despite the Justice Department’s unwritten practice of avoiding actions that could influence voters during the 60 days before an election.
Mr Trump denied involvement in the investigation but criticised Ms Omar.
“Well, I understand they’re looking at her very carefully. I’ve always found her to be totally crooked, personally, but that has nothing to do with me,” he said.
“I think she’s a terrible person. Just a complainer. She comes from a country that is… a non-country, and then she comes over here and she complains about our Constitution,” he added.
“I think she’s a terrible person, but that’s really up to the DOJ. I have nothing to do with it.”
Ms Omar said on Thursday that the administration had targeted her since she entered Congress. “Trump and his administration have been after me since I arrived in Congress,” she wrote in a statement.
“I have always stood up to him and that will never change,” she added. “The pedophile protector will never silence me.”
The Justice Department first investigated Ms Omar under the Biden administration before closing the case. Parts of the investigation were later revived and expanded under Mr Trump’s administration.
Any attempt to strip Ms Omar of her US citizenship would require the Justice Department to bring a case in federal court and prove that she made a material misrepresentation when obtaining it. Both Mr Trump and his Homeland Security chief have previously floated the possibility of stripping her citizenship and deporting her.
