Ilhan Omar federal search of her home: attorneys call seizure 'neither justified nor lawful'
Attorneys for Ilhan Omar asked the Justice Department on Friday, 17 October 2026, to return property seized when federal agents conducted the federal search of her home days earlier, calling the seizure 'neither justified nor lawful'.
Ilhan Omar federal search of her home: attorneys call seizure 'neither justified nor lawful'
Lawyers for Ilhan Omar have formally demanded the return of materials taken in the federal search of her home, arguing in a letter to the justice department that the seizure was 'neither justified nor lawful'. The letter was reported on Friday, 17 October 2026, days after agents removed property from the Minnesota congresswoman's residence on Monday. The Associated Press reported the letter on Friday, after it was first reported by the Wall Street Journal.
What the letter demands
The attorneys asked the justice department to return everything seized in the search and to preserve any audio and video taken during Monday's search. They also questioned whether investigators followed instructions from the magistrate judge who approved the search.
The letter makes a series of objections to the investigation itself:
- There is 'no legitimate basis for any suggestion that she has violated any law concerning her citizenship status', the attorneys wrote
- The inquiry is described as 'This vindictive, retributive, and politically motivated criminal investigation into one of the president's chief congressional critics', which they argue violates her constitutional rights and threatens the separation of powers
- The justice department is accused of violating its longstanding policy aimed at avoiding potentially influencing an election
The search and the investigation
The search of Omar's home came as part of an investigation launched just weeks ahead of the 3 November midterms, in which Omar is on the ballot. Federal investigators have issued more than a dozen grand jury subpoenas, including of Omar's relatives, and have seized her phone, according to the letter.
Fox News, citing sources close to the investigation, reported that the search related to a criminal fraud investigation concerning Omar's immigration paperwork - paperwork her father filled out when she was a child.
The justice department's response
Justice Department spokesperson Emily Covington pushed back on Friday evening, saying in a text message that the letter was 'riddled with false allegations and inaccuracies'. She added: 'Our attorneys and law enforcement partners complied with all court orders and legal obligations, as they always do.'
Political fallout
Democrats accused Donald Trump of abusing his power as president to target a political opponent. Omar, the most prominent Somali American in the US, posted 'I'm ok' on X after the raid, calling it an attempt to target political enemies and weaponize federal law enforcement. She described the search as 'just the latest escalation in his campaign of political intimidation'.
The investigation follows years of Trump and conservative media promoting unsubstantiated rumors that Omar's ex-husband is actually her brother - an allegation she has denied. In December, Trump described Somali Americans in Minnesota as 'garbage' who 'come from hell, and they complain', and said Omar 'should be thrown the hell out of our country'.
Trump has denied any involvement in the investigation. After Monday's search he said: 'I've always found her to be totally crooked, personally, but that has nothing to do with me.'
The justice department has rejected the letter's claims as false, and the 3 November midterms - in which Omar is on the ballot - remain the next fixed date in the dispute.
