Federal investigators seek DNA in immigration probe of Rep. Ilhan Omar after home search

Federal agents searched the Washington, D.C., home of U.S. Rep. Ilhan Omar of Minnesota on Monday, Oct. 12, as part of what the Justice Department calls an "ongoing federal criminal investigation." Omar has not been charged with any crime. She denies wrongdoing and says the investigation is political.

The search was carried out by Homeland Security Investigations, an arm of U.S. Immigration and Customs Enforcement. The Justice Department said agents "executed a judicially authorized search warrant." A federal magistrate judge approved the search. The warrant and the evidence behind it remain sealed.

What investigators are looking at

Officials have not publicly laid out the full scope of the case. According to people familiar with the investigation, it centers on Omar's immigration history. That includes paperwork her late father filed for her family, and whether her stated birth date is accurate. Omar came to the United States as a refugee from Somalia and became a U.S. citizen in 2000, according to her lawyers. Her age at that time matters because a child under 18 could become a citizen through a parent.

People familiar with the investigation say investigators plan to use DNA evidence to learn whether Omar's former husband is a biological relative. Officials have not said publicly how or when any DNA was obtained. Omar has denied for years claims that she married a relative.

Earlier reports said agents collected trash from her home to get DNA. Federal sources have disputed those reports, saying the DNA did not come from her trash.

Agents took Omar's cellphone during the search, according to people familiar with the investigation. Notebooks, personal computers and her passport were also taken, according to people familiar with the case. Text messages among family members, found on a relative's phone that officials seized earlier, were used to help get the warrant, according to people familiar with the investigation.

More than a dozen grand jury subpoenas have been issued, including to some of Omar's relatives, according to a person briefed on the case. Department of Homeland Security Secretary Markwayne Mullin has suggested the case involves possible crimes tied to the family's immigration paperwork. Jeanine Pirro, the U.S. attorney in Washington, said "there are several investigations going on" involving Omar. Pirro said her office is also looking at Omar's financial disclosures to Congress.

What Omar and her lawyers say

Omar called the search "an attempt to target political enemies and weaponize federal law enforcement." Her office called it an "outrageous abuse of power."

On Friday, Oct. 16, her lawyers asked the Justice Department in a letter to return everything agents took. They called the search "neither justified nor lawful." They wrote that there is "no legitimate basis for any suggestion that she has violated any law concerning her citizenship status." The lawyers also said investigators did not follow some of the judge's instructions and broke a long-standing Justice Department practice of avoiding public steps against candidates close to an election. They asked that any audio or video recorded during the search be saved. Omar is on the ballot in next month's midterm elections.

A Justice Department spokesperson said the letter was "riddled with false allegations and inaccuracies." The spokesperson said department lawyers and law enforcement "complied with all court orders and legal obligations, as they always do."

What we know and what is not confirmed

Confirmed on the record:

- Homeland Security Investigations agents searched Omar's Washington home on Oct. 12 under a warrant approved by a judge.

- The Justice Department calls it an ongoing federal criminal investigation.

- Omar has not been charged. She denies wrongdoing.

- Her lawyers asked for the seized property back and called the search unlawful. The Justice Department says it followed all court orders.

Reported by people familiar with the investigation, not confirmed by officials:

- Investigators plan to use DNA to learn whether her former husband is a biological relative.

- The case also looks at whether her stated birth date is correct.

- Family text messages on a relative's phone helped investigators get the warrant.

- Agents took her phone, passport, notebooks and computers.

Disputed:

- Reports that agents went through her trash to collect DNA have been disputed by federal sources.

The warrant and court records in the case are sealed. ClickNNY will update this story as officials or the courts release more information.