Lawyers for Representative Ilhan Omar (D-Minnesota) accused federal authorities on Friday of disregarding judicial restrictions during the search of the congresswoman’s Washington, D.C., residence earlier this week. In a letter addressed to Justice Department prosecutors, attorneys Amy Jeffress and Joshua Matz called the investigation into Omar’s immigration status politically motivated, asserting it infringes on her constitutional rights and the separation of powers.
The search, which took place Monday at Omar’s Northeast D.C. home, is part of a probe led by Homeland Security Investigations, a division of U.S. Immigration and Customs Enforcement, examining whether Omar or her family provided false information on immigration documents decades ago to secure legal status and citizenship. Omar, 44, who was born in Somalia and became a naturalized U.S. citizen in 2000 after her family fled civil war, has consistently denied any wrongdoing, describing the inquiry as a partisan attack.
According to the letter from Omar’s legal team, federal agents did not adhere to specific instructions set by a U.S. magistrate judge in authorizing the search. Among the alleged violations were the failure to provide Omar’s lawyers with a copy of the warrant and the omission of prior consultation with the House Office of General Counsel. The lawyers argued that such consultation would have allowed Omar to protect materials related to her legislative duties, safeguarded under the Constitution’s “speech and debate” clause. They also contended that Omar was prevented from contacting legal counsel for over an hour after the search commenced.
The warrant itself remains sealed, but reports indicate that Judge Matthew J. Sharbaugh imposed limitations intended to prevent executive overreach into constitutionally protected legislative activities. Omar’s lawyers stated their belief that the warrant required prosecutors to notify Omar of these protections and seek her waiver—a step they say was not taken.
The attorneys further argued that the search contravened Justice Department guidelines aimed at avoiding political interference in investigations near election periods. Despite this, officials have maintained that necessary internal reviews were conducted before the search proceeded.
Federal agents reportedly seized boxes of documents, Omar’s cellphone, and her passport during the search. The legal team demanded the immediate return of all seized property and called for the preservation of any recordings made during the operation, as well as records from a previous 2019 inquiry into Omar’s immigration background, which concluded without sufficient cause for further investigation.
The Justice Department declined to comment on specific details but called the letter “riddled with false allegations and inaccuracies,” emphasizing that prosecutors and law enforcement acted in full compliance with legal protocols. The Department of Homeland Security deferred comment to the Justice Department.
Representative Omar, who is seeking re-election to a fifth term this November, has been a frequent critic of former President Donald Trump, whose administration initiated the current investigation. Omar’s lawyers characterized the probe as a politically motivated effort targeting a prominent Democratic figure in the closing weeks of an election cycle.