Ilhan Omar could be denaturalized, former immigration judge says

MINNEAPOLIS — A former federal immigration judge says Rep. Ilhan Omar, D-Minn., who is under investigation, could face both criminal charges and denaturalization.

Two federal investigations are underway against the congresswoman – the first into alleged immigration fraud and the second into her financial disclosures and a stark discrepancy reported just a year apart.

“If someone who is a naturalized citizen — which I believe Ilhan Omar is — is convicted of a crime, that doesn’t automatically mean they’re facing denaturalization or anything like that,” Nathan Hansen, an attorney for 23 years, told Fox News Digital. “They would be subject to any other type of normal sanction from the court.”

Hansen was nominated by former Attorney General Pam Bondi to serve as an immigration judge earlier this year. He held this position for four months.

Rep. Ilhan Omar, D-Minn., attends a field hearing at the Minnesota Senate building January 16, 2026, in St. Paul, Minnesota. The hearing, titled “Kidnapped and Missing: Trump’s Deadly Assault on Minnesota,” featured citizens and local politicians discussing the “Metro Surge” immigration operation. (Jim Vondruska/Getty Images)

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The denaturalization proceedings are separate from any criminal matters that may arise from the federal investigation into Omar, whose “real name,” according to sources familiar with the investigation, is Ilhan Nur Said Elmi. Omar is under investigation for alleged immigration fraud related to how she or her late father completed their citizenship paperwork.

“A denaturalization proceeding, or someone seeking to strip someone of their naturalization, is another proceeding, which would be a civil proceeding brought by the Department of Justice, probably perhaps on behalf of the Department of Homeland Security, which handles most of these things,” Hansen said.

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“If there was some sort of connection between a person’s criminal conviction and citizenship, it would be more likely that the Department of Justice would initiate denaturalization proceedings,” Hansen continued. “But I think it would be a discretionary matter within the people who run the Justice Department.”

Homeland Security Investigations police search the home of Rep. Ilhan Omar, D-Minn., October 12, 2026, in Washington, DC. The search is reportedly part of an ongoing criminal investigation. (Andrew Leyden/Getty Images)

Omar’s home in Washington, DC, was raided by Homeland Security Investigations (HSI), the primary investigative arm of the Department of Homeland Security (DHS), in the early morning hours of October 12.

During the search, investigators reportedly seized the MP’s phone, passport and computer. Fox News later confirmed that authorities were in possession of his DNA.

Regarding this case, observers have speculated that if Omar had indeed broken the law, statutes of limitations could hamper prosecution. Hansen has seen these claims but does not believe them to be valid.

“My general view is that fraud ends any statute of limitations. In other words, if something is not disclosed or something is hidden, then it would be unfair to the other party to impose a statute of limitations on them,” Hansen said. “It’s just kind of a general principle of law.”

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A person holds a USCIS citizenship application. (David Paul Morris/Getty Images)

Asked about the prevalence of immigration fraud in general, Hansen pointed to the large number of pending immigration and deportation cases across the country and in Minnesota.

“I think I would base it on the big picture of the number of cases of people coming here that the United States is currently facing,” he said. “It has to be tens of millions of people coming here, I think, but certainly millions.”

He said that in Minnesota alone, there are between 20,000 and 30,000 pending deportation cases for which no court date has been set, due to a massive backlog of immigration-related cases.

“Whether you want to call it fraud or something else, it’s like an overwhelming of the system and the system is not being used the way it was intended,” he explained.

False asylum applications also contribute to the backlog, Hansen said.

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Rep. Ilhan Omar, D-Minn., speaks to attendees at a campaign rally for Democratic U.S. Senate candidate Abdul El-Sayed in Dearborn, Michigan, July 31, 2026. (Rebecca Cook/Reuters)

“Asylum support is on protected grounds,” he said. “The most common are: ‘I have been persecuted with the consent or direct order of the government I am fleeing because of my race, religion, ethnicity (or) political views.’ These are common statements. »

Hansen said that during his time as an immigration judge, he frequently saw claims that “totally didn’t add up” or that the documents provided by the applicant were “clearly false.”

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“There were other requests for asylum which were clearly unfounded under the law in force,” he continued. “I mean, people would – I’ve seen cases where people would say, ‘Well, people insulted me in my country.’ And my response to that is: “Your country probably offers more protection against insults than the United States.” In the United States we have freedom of speech, and most of the time you can be as rude as you want to someone and insult them, and it’s not a crime.'”