Ilhan Omar’s lawyers demand return of seized property, call federal home search unlawful

The Justice Department rejected the allegations, with spokesperson Emily Covington saying the defense team’s letter contained 'false allegations and inaccuracies'
In a letter, Rep Ilhan Omar's legal team called the search 'neither justified nor lawful' and alleged that the investigation was politically motivated because of her criticism of President Donald Trump (Getty Images)
In a letter, Rep Ilhan Omar's legal team called the search 'neither justified nor lawful' and alleged that the investigation was politically motivated because of her criticism of President Donald Trump (Getty Images)

WASHINGTON, DC: Attorneys for Democratic Rep Ilhan Omar on Friday, October 16, demanded that the Justice Department immediately return property seized during a federal search of her Washington, DC, home, arguing that the operation was “neither justified nor lawful.” 

In a letter sent to federal prosecutors, Omar’s legal team alleged that the immigration fraud investigation was politically motivated and raised concerns about whether the investigators complied with the court-ordered protections for the Minnesota congresswoman. The Justice Department firmly rejected the allegations as the investigation continues weeks before the November midterm elections.

Ilhan Omar’s attorneys challenge search, demand return of seized property

In the letter, first reported by The Wall Street Journal, Omar’s attorneys argued that the investigation lacked a legitimate basis and instead targeted a longstanding critic of President Donald Trump.

“This vindictive, retributive, and politically motivated criminal investigation into one of the President's chief congressional critics violates Representative Omar's constitutional rights and threatens the separation of powers,” the lawyers wrote.

Homeland Security Investigations police search the home of Rep. Ilhan Omar (D-MN) on October 12, 2026 in Washington, DC (Getty Images)

They also stated that there was “no legitimate basis for any suggestion that she has violated any law concerning her citizenship status.” Omar’s attorneys said that she became a lawfully naturalized US citizen in 2000 after fleeing Somalia and spending time in a refugee camp in Kenya.

Federal agents had searched Omar’s home on Monday, October 12, and seized her phone, according to a person familiar with the matter. Authorities have also issued more than a dozen grand jury subpoenas, including to some of her relatives, the person said.

The full scope of the investigation remains unclear. Homeland Security Secretary Markwayne Mullin has suggested that the investigators are examining potential crimes connected to immigration paperwork involving Omar’s family. Separately, Washington, DC. 

Sen. Markwayne Mullin (R-OK) speaks to reporters outside of the US Capitol Building on March 05, 2026 in Washington, DC (Photo by Anna Moneymaker/Getty Images)

Attorney Jeanine Pirro has said that “there are several investigations going on” involving Omar and that her office is examining matters concerning the lawmaker’s financial disclosures.

Omar’s legal team has also questioned whether investigators followed the magistrate judge’s instructions governing the search. The attorneys said that the House of Representatives’ Office of General Counsel was not notified until after the search became public and raised concerns about procedures intended to protect congressional privileges under the Constitution’s Speech or Debate Clause.

Rep Ilhan Omar (D-MN) (C) speaks during a press conference at City Hall following a mass shooting at Annunciation Catholic School on August 28, 2025 in Minneapolis, Minnesota (Photo by Stephen Maturen/Getty Images)

The lawyers have demanded that the Justice Department preserve all audio and video recordings made during the search, in addition to returning the seized property.

Justice Department rejects allegations as election nears

The Justice Department pushed back against the claims in Omar’s letter. Department spokesperson Emily Covington on Friday, October 16, said  that the defense team’s account was “riddled with false allegations and inaccuracies.”

“Our attorneys and law enforcement partners complied with all court orders and legal obligations, as they always do,” Covington wrote in a text message to the AP.

Rep Ilhan Omar (D-MN) (C), speaks at a press conference on committee assignments for the 118th US Congress, at the US Capitol Building on January 25, 2023 in Washington, DC (Getty Images)

Omar’s attorneys argued that searching so close to Election Day departed from longstanding Justice Department practices intended to avoid investigative actions that could influence an election. The search took place less than three weeks before the November midterms, in which Omar is seeking another term in Congress.

Omar has repeatedly denied allegations circulated by conservative critics concerning her marriage and immigration status, previously describing them as “disgusting lies.”

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