Her lawyers say federal agents failed to follow safeguards during a search tied to an investigation involving her immigration history.
WASHINGTON, DC — Attorneys for Democratic Rep. Ilhan Omar of Minnesota are demanding that the Justice Department immediately return property seized during a federal search of her Washington home, arguing that the investigation and the way agents carried out the search violated her constitutional rights.
Lawyers Amy Jeffress and Joshua Matz made the demand in an Oct. 16 letter to federal prosecutors after Homeland Security Investigations agents searched Omar’s home four days earlier. The attorneys described the search as unjustified and unlawful and accused federal authorities of failing to follow procedures intended to protect a sitting member of Congress. The Justice Department has rejected those allegations and said its attorneys and law enforcement partners complied with court orders and legal requirements.
Federal authorities seized Omar’s phone during the Oct. 12 search, according to The Associated Press. Other reporting has identified additional documents and personal property taken from the residence. Authorities also have issued more than a dozen grand jury subpoenas, including subpoenas to some of Omar’s relatives. The full scope of the investigation has not been publicly disclosed, and no criminal charge against Omar has been announced.
The investigation involves questions about Omar’s immigration history and her family’s immigration paperwork. Homeland Security Secretary Markwayne Mullin has publicly suggested that authorities are examining whether crimes were committed in connection with those records. Omar, who came to the United States from Somalia as a child and became a naturalized U.S. citizen in 2000, has repeatedly denied allegations that she committed immigration fraud. Her attorneys said there is no legitimate basis to suggest that she violated the law concerning her citizenship status.
The dispute over the search also centers on protections for congressional work under the Constitution’s Speech or Debate Clause. Omar’s lawyers said a magistrate judge who approved the warrant established procedures designed to prevent investigators from improperly reviewing material connected to her legislative duties. They contend federal authorities did not properly notify Omar’s attorneys or the House Office of General Counsel before the search and did not provide the protections contemplated by the judge.
The Justice Department disputes that account. Department spokesperson Emily Covington said the attorneys’ letter contained false allegations and inaccuracies and said federal lawyers and law enforcement officers complied with all court orders and legal obligations. The department has not publicly provided a detailed response addressing each allegation in Omar’s attorneys’ letter.
Omar’s legal team also asked federal authorities to preserve audio and video recordings from the search. The lawyers said those records could help establish how agents conducted the operation and whether the procedures ordered by the court were followed. They also have sought material concerning an earlier government review of allegations involving Omar’s immigration history. Reporting on that earlier inquiry has said investigators did not find enough evidence at the time to justify a broader investigation.
The timing of the latest investigation has become another point of dispute. The search occurred only weeks before the Nov. 3 midterm elections, in which Omar is on the ballot. Her attorneys said the timing conflicts with longstanding Justice Department practices intended to avoid investigative steps that could appear to influence an election. The department has not accepted that characterization, and the existence of such concerns does not by itself establish that the search or investigation was unlawful.
Omar’s lawyers have characterized the investigation as politically motivated, pointing to President Donald Trump’s long history of criticizing the Minnesota congresswoman. Trump denied directing the search and told reporters after it occurred that the matter was up to the Justice Department. The political motivations alleged by Omar’s attorneys have not been established as a finding by a court.
The investigation remains active, and federal officials have not publicly detailed all allegations being examined or announced charges against Omar. Her attorneys’ immediate demands include the return of seized property and preservation of recordings and other records from the search, while the Justice Department maintains that investigators acted lawfully.
Author note: Last updated Oct. 18, 2026.