On December 11, Trump administration Border Czar Tom Homan said the Department of Homeland Security (DHS) is checking Omar’s 23-year citizenship history. They are looking at claims of marriage fraud. DHS Assistant Secretary Tricia McLaughlin said the agency takes these claims very seriously. If proven true, penalties could include jail time, big fines, and even deportation.
Her Marriage History
In 2002, Omar entered a religious marriage with Ahmed Abdisalan Hirsi. They had two children together. In 2009, while still religiously married to Hirsi, she legally married British citizen Ahmed Nur Said Elmi. She had a third child with Hirsi in 2012. The marriage to Elmi ended in divorce in 2017, after they had been separated since 2011.
Court records show Omar filed joint federal tax returns with Hirsi in 2014 and 2015, even though she was legally married to Elmi at the time. This led to a Minnesota campaign finance board investigation. She repaid $3,500 in misused funds, paid a $500 fine, fixed her tax returns, and settled back taxes.
Main Claims Against Her
The investigators want to know if Omar’s 2009 marriage to Elmi was meant to help him get immigration benefits through fraud. This is separate from any family relationship claims. Former President Trump said at rallies that Elmi was Omar’s brother. But fact-checkers like PolitiFact, the Associated Press, and Reuters found no proof of any blood relation. A top expert from Homeland Security Investigations, called one of the agency’s best at spotting fraud by Homan, is leading the review.
Breaking federal marriage fraud laws under 8 USC § 1325(c) can mean up to five years in prison and $250,000 in fines. Minnesota’s law against incest (§ 609.365) adds up to ten years in prison. If tax fraud is proven with clear intent, it could bring three years in jail and $100,000 fines. The 2009 marriage is old, past most time limits for charges. But Homan said recent actions might keep the case alive.
Larger Picture and Risks
This probe fits into bigger enforcement efforts. Since January 20, 2025, DHS has deported over 605,000 people and seen 1.9 million self-deportations. ICE detention centers are full. Operation Metro Surge focuses on Minnesota’s Somali community. Omar has accused agents there of racial profiling and using too much force. She pointed to an incident with her son. Minnesota also deals with the “Feeding Our Future” Medicaid fraud scandal. It charges over 70 people, mostly Somali, with stealing millions. Some ties go to Somalia and groups like Al-Shabaab through money services. E
lmi now lives in South Africa and has not spoken publicly. He could help explain what the marriage was really about. Omar calls her critics “sick” and says she will keep serving Minnesota’s Fifth District. As a member of “The Squad,” she won reelection in 2024 and serves through 2026. If convicted or stripped of citizenship, she would be the first sitting congresswoman removed this way. It would force Democrats to pick a replacement. The case tests if immigration laws apply equally to naturalized leaders. Her team might argue it’s political attacks based on stereotypes.
Homan says the probe moves fast, with possible charges soon if evidence is strong. The outcome could change how secure naturalized citizens feel, especially well-known ones. It weighs tough enforcement against the lasting rights from resettlement.
Sources
Tom Homan December 11-17, 2025 statements (Newsmax interview and DHS announcements)
DHS Assistant Secretary Tricia McLaughlin official confirmation statement
Minnesota Campaign Finance and Public Disclosure Board investigation findings and $3,500 repayment/$500 penalty order
Federal law 8 USC § 1325(c) – Marriage fraud penalties
Minnesota Statute § 609.365 – Incest law penalties
Star Tribune court documents and marriage timeline verification (June 22, 2019)