Investigations into Rep. Ilhan Omar (D-Minn.) are raising questions about whether she could be stripped of her citizenship and deported, according to the Wall Street Journal.
Why it matters: Federal law allows the government to revoke citizenship in limited circumstances, but Omar’s path to citizenship through her father could complicate such an effort.
- The moment marked a significant escalation in the administration’s fight with the Minnesota congresswoman, who has long condemned the immigration crackdown in her state.
- U.S. Attorney Jeanine Pirro said her office is probing Omar, too, specifically regarding her financial disclosures.
- Omar has denied the allegations about her citizenship, and called a raid on her Washington, D.C. home earlier this week “an attempt to target political enemies and weaponize federal law enforcement.”
- She has not spoken publicly about Pirro’s investigation.
Driving the news: The Journal reported Wednesday that the Trump administration’s probe into Omar is looking to build “a case to strip her of her U.S. citizenship and ultimately deport her,” citing unnamed administration officials and others with knowledge of the investigation.
- Omar is a Somali-born, naturalized U.S. citizen who obtained citizenship through her father’s naturalization in 2000. According to records, she was 17 at the time.
- Authorities plan to investigate whether Omar or her father misrepresented her birth date on immigration paperwork so she could qualify as a minor, which could affect whether she legally qualified for citizenship through him.
- Under the law in effect at the time, children had to be under 18 to qualify for citizenship through a parent’s naturalization, alongside other requirements.
What they’re saying: “The truth is that Trump’s push to strip her of her citizenship and deport her has no basis in the law and has no precedent,” a spokesperson for Omar tells Axios in a statement.
- “This isn’t a legitimate law enforcement action — it is an authoritarian move to silence an opponent right before an election where he and his party will be rejected by Americans in historic proportions. To Trump, no American value or principle is too important to be shredded for his own personal gain.”
Can the government strip someone of citizenship?
Generally, the government cannot take citizenship away from someone who was a U.S. citizen at birth.
- Citizenship acquired at birth abroad is not naturalization and ordinarily is not subject to denaturalization.
- That said, a citizen from birth could voluntarily relinquish citizenship.
Federal law allows the government to revoke citizenship from someone naturalized as an immigrant under special circumstances, including when:
- The citizenship was obtained illegally because the person didn’t actually qualify.
- Citizenship was obtained through a deliberate misrepresentation.
- It was obtained by concealing important facts that might have threatened eligibility.
Yes, but: The government can’t revoke citizenship because someone who legally acquired it commits a crime or criticizes the government.
How does the government strip someone of citizenship?
The government would need to go through federal court, where the process includes significant legal protections.
- Under federal law, the Justice Department must file a lawsuit in federal district court seeking to revoke citizenship.
- The government must prove, with evidence, that citizenship should be stripped.
- A criminal conviction is not required.
Different standards apply when the government seeks to revoke citizenship over a crime.
- The Supreme Court has ruled that the crime contributed to acquiring citizenship.
- A conviction then triggers the revocation.
Reality check: The president can’t unilaterally take away someone’s citizenship by executive order or announcement. An investigation is required, and the Justice Department must initiate the appropriate court proceedings.
Can someone be deported after losing citizenship?
Someone can be deported after their citizenship is revoked, but the process involves several steps.
- Depending on the circumstances, someone may revert to a previous immigration status, or immigration authorities may determine whether they can remain in the country, per U.S. Citizenship and Immigration Services.
- After their status is evaluated, the person can contest removal or seek relief by requesting cancellation of deportation or applying for asylum, among other methods.
- Deportation would generally require a final removal order and the completion of legal proceedings before it can occur.
If the person isn’t granted relief, the government can order the person to be deported, per the DOJ
- If a final removal order is eventually entered, ICE will carry out the removal.
Could Omar be deported?
What’s next: Omar’s case is complicated because she says she obtained citizenship through her father’s naturalization in 2000, before she was 18. Her mother died a decade earlier.
- Someone who acquired citizenship through a parent can lose their status if a parent’s naturalization is revoked due to fraud or misrepresentation.
- However, because this occurred in 2000, an earlier federal law allowing automatic citizenship through a living parent’s naturalization if the other parent was deceased still applies.
Editor’s note: This story was updated to add a statement from Rep. Omar’s spokesperson.
