Fox News Explains Why the Ilhan Omar Immigration Probe Will Outlast Election Day, From a Possible Seating Vote on Jan. 3 to Questions About a 2016 Inquiry
The Constitution gives the House, not the president, the power over Omar's seat. A motion to exclude could come before the new Speaker swears in members, and Democrats could split.
Fox News walks through what could happen next to Rep. Ilhan Omar, D-Minn., as federal investigators look at her immigration history and financial disclosures.
Who decides. President Trump has said Omar must resign and "will not be legally allowed" to serve. Fox says that is not accurate: Article I, Section 5 gives each chamber the power to judge its members' elections and qualifications, and expelling a member takes a two-thirds vote. Fox adds that Democrats have not conceded her seat.
The old inquiry. The New York Times reported that the Obama-era Justice Department looked at Omar in 2016 and that the feds found evidence she may have entered a fraudulent marriage. The inquiry ran into the Biden years and ended in 2021. Her campaign released a letter from the U.S. attorney saying his office "wasn't investigating" her. A spokeswoman says Omar has "repeatedly and unequivocally denied this baseless, disgusting conspiracy theory." Fox says the old inquiry makes it harder to call the questions wild conjecture, while a University of Minnesota professor says both sides will use it to their advantage.
The politics. Former President Obama defended Omar after the Trump administration searched her home in October, saying the government can't "selectively target" people for their views. Her Republican opponent, John Nagel, called the probe "a very serious accusation." Rep. Randy Fine, R-Fla., said that if she is proven not to be a citizen she should be removed "and probably put in prison." Rep. Mike Lawler, R-N.Y., noted that expulsion takes two-thirds of the House and said he doubts Democrats would agree, "and certainly not without findings." He urged the Ethics Committee to open an investigation as soon as the House returns. Rep. Chris Smith, R-N.J., said he wants "all the facts."
The Jan. 3 problem. If Democrats win the House, Fox says a motion to exclude Omar could come just before the new Speaker swears in the 434 other members. Moderate freshman Democrats from swing districts would face a recorded vote, and progressives could turn on them. "This isn't going away," Fox writes.
Note for readers: the allegations about Omar's marriage and citizenship are unproven, she denies them, and no charge has been announced. Our earlier Omar stories are on the site.