Rep. Randy Fine Says He Will Push to Expel Ilhan Omar if DOJ Immigration Probe Finds Fraud

Since federal agents searched Rep. Ilhan Omar's Washington home on Oct. 12, the fight has moved to Capitol Hill. Rep. Randy Fine, R-Fla., says he will try to expel her from the House.

Fine, a member of the Freedom Caucus, told Fox News Digital the effort depends on the outcome of the Justice Department's immigration investigation.

"I assume that she's not a citizen, so we might not even have to do that," Fine said. "You can't be in Congress if you're not a citizen of the United States, but if it isn't automatic, I absolutely will demand expulsion immediately."

What the threat rests on

Fine's comments followed a Fox News Digital report on a federal court filing that identifies Omar as "Ilhan Nur Said Elmi" and lists "Ilhan Abdullahi Omar" as an alias. Fox's own account says the filing raises questions about her identity and immigration records but does not establish that she committed fraud. U.S. Attorney for D.C. Jeanine Pirro has said publicly that Omar is not the congresswoman's real name.

Omar was born in Somalia, came to the U.S. in 1995 and became a naturalized citizen in 2000. She has denied wrongdoing.

The Justice Department has not announced charges against her.

The procedural hurdle

The House can expel a member, but the vote needs two-thirds. A criminal investigation or an allegation alone does not remove anyone from Congress.

Fine acknowledged the math. He said Democrats would try to block any Republican effort to censure or expel Omar.

Separately, administration officials have floated consequences. Border czar Tom Homan has said Omar could be stripped of naturalization and deported if immigration fraud is proven. That is a conditional statement, and proof is the missing piece.

What investigators are examining

Multiple people familiar with the investigation told CNN that the probe targets Omar and covers possible false statements on government documents and a potential conspiracy. CBS News has reported that it is a sprawling inquiry into her family's immigration paperwork. Her cellphone was among the items seized, and grand jury subpoenas went to some family members days before the search.

Reports tie the inquiry to her age. At issue is whether she was older than 17 when she gained citizenship through her father in 2000. The theory partly stems from a discrepancy in historical records of her birth year, and it has not been substantiated.

U.S. Citizenship and Immigration Services says a child born abroad becomes a citizen automatically if a parent is a citizen by birth or naturalization, or if the child is under 18, a lawful permanent resident and in a citizen parent's custody. To denaturalize her, the government would have to prove material lies in the naturalization process.

Omar's side and her defenders

Omar's lawyers, Amy Jeffress and Joshua Matz, wrote in an Oct. 16 letter to prosecutors that the probe is "vindictive, retributive, and politically motivated" and "violates Representative Omar's constitutional rights and threatens the separation of powers." They wrote that there is "no legitimate basis for any suggestion that she has violated any law concerning her citizenship status."

The letter also alleges the search broke the magistrate judge's conditions. It says neither Omar nor the House Office of General Counsel was notified of the search, and that no prosecutor was present to read her Speech or Debate Clause protections. A Justice Department spokesperson called the letter "riddled with false allegations and inaccuracies" and said, "Our attorneys and law enforcement partners complied with all court orders and legal obligations."

Former President Barack Obama wrote on X that the administration is "seemingly" relying on an "unsubstantiated theory" that she was 18 when her father was naturalized. He said the case shows "the full weight of the federal government" brought down on an official "because she has dared to criticize the president."

White House spokeswoman Lauren Bis rejected that, saying President Trump "has not weaponized the Department of Justice against his political foes."

Aaron Reichlin-Melnick of the American Immigration Council argued the case is "even weaker than it already seems" because immigration law includes a waiver for people who obtained status through fraud they did not know about. Joyce Vance, a former U.S. attorney in Alabama, said the raid fell inside the roughly 60-day window before an election when the Justice Department typically avoids overt investigative steps.

Washington Examiner chief political correspondent Byron York said on Fox Business that Omar is "in a ton of trouble" if the allegations hold, because "she might be in the country as a result of immigration fraud."

What comes next

Fine's pledge is conditional. The sources do not report that he has filed an expulsion resolution, and any move would first depend on a Justice Department finding that no one has announced.

Omar is seeking re-election in Minnesota's 5th District in the Nov. 3 midterms. Whether prosecutors file anything before then, and whether the name in the court filing connects to any alleged false statement, remains unanswered.