Can Trump Strip Ilhan Omar of Her Citizenship? Here's How the Process Works

Congresswoman Ilhan Omar faces a potential legal threat after federal agents intensified their investigation into her immigration status. The Department of Justice has subpoenaed relatives, including her sister Sahra Noor, as part of a grand jury investigation, according to The New York Times. This comes after a search warrant was executed at Omar's residence, led by Homeland Security Investigations, which is the investigative arm of Immigration and Customs Enforcement.

The investigation reportedly focuses on Omar's immigration paperwork completed by her late father when she was a child.

Prior to the investigation, Trump Administration officials heavily criticized Omar for immigration fraud, a claim she vehemently denies. Vice President JD Vance, a Trump ally, has suggested that the White House is exploring legal remedies for the alleged fraud. Homeland Security Secretary Markwayne Mullin dismissed the accusations as political and emphasized that the investigation is based on factual wrongdoing, not politics.

Denaturalization, or stripping someone of their U.S. citizenship, is a complex legal process that requires a federal judge to approve. In 2017, the Supreme Court ruled that only an illegal act during the citizenship application process can result in criminal denaturalization. However, a civil denaturalization case is more lenient, requiring only "clear, convincing, and unequivocal evidence" that the person obtained their citizenship illegally or misrepresented a material fact.

Omar's father, Nur Omar Mohamed, filled out her citizenship application when she was 17. It remains unclear whether there is sufficient evidence to prove any fraudulent activity or intentional misrepresentation on her part. Even if denaturalization were to occur, Omar would retain her previous legal immigration status until a final order of removal is issued by U.S. Immigration and Customs Enforcement.