Two judges — including one staunch Democrat — have signed off on evidence requests from the Justice Department and the Department of Homeland Security in the federal probe of Rep. Ilhan Omar, according to the post. The post states the sign-off shows the case is substantial — not a partisan invention.
The claim lands after a week in which courts were already central to the case. On October 12, Homeland Security Investigations agents searched Omar's Washington home under a search warrant the Justice Department confirmed was judicially authorized, part of an ongoing federal criminal investigation. Reuters reported that the magistrate judge who approved the search ordered screening procedures to protect her legislative records, and that prosecutors have issued over a dozen subpoenas, including to family members. D.C. U.S. Attorney Jeanine Pirro made the post's point for it, telling Fox News: "That judge would not have signed that warrant unless there was probable cause."
The probe reportedly reaches from her childhood immigration paperwork to a decade-old allegation. On Monday, the New York Post reported investigators have obtained DNA evidence to test the claim that her 2009 marriage to Ahmed Nur Said Elmi was immigration fraud — that Elmi, a British citizen, is her brother and the marriage was arranged to win him benefits. The Post's sources said the evidence gives prosecutors a solid basis to take a conspiracy case to a grand jury. The reporting rests on the newspaper's sources; Omar has not been charged with any crime.
Rep. Ilhan Omar at a Minneapolis news conference on January 28, 2026.
The allegation first surfaced in 2016 on a Somali community forum, as Omar ran for the Minnesota legislature; conservative outlets and President Trump then amplified it. Her marital history is a matter of record: a faith marriage to Ahmed Hirsi, father of her children, never legally finalized; a legal marriage to Elmi in 2009, dissolved in 2017; Hirsi again in 2018, divorced in 2019; and Tim Mynett in 2020. The claim was examined before: a former immigration official told The Washington Post it was investigated in the first Trump administration and yielded insufficient evidence.
"The case is substantial enough that even liberal judges will not stop it."
Omar has denied the allegation from the first day it appeared. "Insinuations that Ahmed Nur Said Elmi is my brother are absurd and offensive," she said in 2016. After this month's search, her office called it "an outrageous abuse of power and an unprecedented escalation in the weaponization of federal law enforcement to target political enemies," insisting that "the Congresswoman has done nothing wrong," while Omar herself vowed, "I will not be silenced." Her lawyers say there is no legitimate basis for suggesting she violated any law on her citizenship status.
Rep. Ilhan Omar speaking at a Minneapolis rally in July 2026.
Administration officials answer: the process is the point. DHS Secretary Markwayne Mullin confirmed the criminal investigation in September, border czar Tom Homan calls it an ongoing criminal investigation, and DHS says no one, including members of Congress, is above the law. That is the ground the post stands on: evidence requests are not granted on politics — judges must be persuaded, and on the post's telling they have been, across the political divide. The case, the post says, is substantial enough that even liberal judges will not stop it.