A former federal immigration judge says Rep. Ilhan Omar, D-Minn., could face both criminal charges and denaturalization proceedings as she remains the subject of federal investigations.
Two federal probes are reportedly under way. One concerns alleged immigration fraud. The other involves the congresswoman's financial disclosures and a sharp discrepancy reported between filings made one year apart.
Nathan Hansen, an attorney of 23 years, spoke to Fox News Digital about what could come next. He noted that a criminal conviction would not automatically cost a naturalized citizen their citizenship. "They would be handled by any type of other normal punishment that would come from the court," he said. Hansen was appointed an immigration judge earlier this year by former Attorney General Pam Bondi and served in the role for four months.
The immigration fraud inquiry centers on how Omar, or her late father, filled out her citizenship paperwork. Sources familiar with the investigation say her real name is Ilhan Nur Said Elmi.
Hansen explained that stripping someone of naturalization is a different process from a criminal case. It would be a civil proceeding brought by the Department of Justice, presumably on behalf of the Department of Homeland Security, which handles most such matters. If a clear link existed between a criminal conviction and a person's citizenship, he said, the Justice Department might be more likely to pursue denaturalization. Still, he called it "a discretionary matter" for those running the department.
Homeland Security Investigations, the principal investigative arm of DHS, raided Omar's Washington, D.C., home in the early morning hours of Oct. 12. Investigators reportedly seized her phone, passport and computer. Fox News later confirmed that authorities also have her DNA.
Some observers have speculated that statutes of limitations could block a prosecution if Omar did break the law. Hansen has seen those claims but does not find them valid. "My view of that is generally that fraud stops any statute of limitations," he said, adding that it would be unfair to let a limitations clock run in favor of someone who hid information. He described that as a general principle of law.
Asked about immigration fraud more broadly, Hansen pointed to the volume of cases facing the country. He estimated that the number of people arriving is in the millions, possibly tens of millions. In Minnesota alone, he said, 20,000 to 30,000 removal cases are pending without a scheduled court date because of a major backlog. "Whether you want to call it fraud or whatever, it's like an overwhelming of the system and the system is not being used in the way in which it was intended," he said.
Hansen said unfounded asylum claims add to the backlog. During his time on the bench, he said, he often saw claims that "just totally didn't add up" and documents that were "clearly fake." He also described applications that lacked merit under existing law, such as claims based on being insulted in one's home country, noting that the United States protects freedom of speech and that insults are generally not a crime.
