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Why Criminal Prosecution Might Be The Least Of Ilhan Omar’s Legal Concerns; There's a threat of her losing her citizenship or worse, deportation
The Federalist ^ | 01/21/2020 | Matthew Kolken

Posted on 01/21/2020 12:58:46 PM PST by SeekAndFind

The Department of Justice has reportedly assigned an FBI special agent to work with Immigration and Customs and Enforcement and the Department of Education Inspector General Charge to investigate Rep. Ilhan Omar (D-Minn.) for alleged criminal violations relating to perjury, immigration fraud, marriage fraud, state and federal tax fraud, federal student loan fraud, and bigamy.

As an immigration lawyer, the very first question that came to mind when I read these reports was what immigration consequences, if any, could attach in the event that any of the above allegations are proven beyond a reasonable doubt in a court of law. My analysis, unfortunately, has resulted in more unanswerable questions than definitive answers.

My analysis started with the fact that it is widely known Omar was born in Somalia, and immigrated to the United States as a Somali refugee. At some point after her admission to the country, she obtained U.S. citizenship. The Associated Press reported on November 5, 2009, that Omar fled Somalia to a refugee camp in Kenya with her family in 1991. She ultimately immigrated to the United States as a refugee in 1995.

If this report is correct, the analysis is fairly straightforward. Generally speaking, U.S. immigration law permits refugees to apply for permanent residence, commonly known as a “green card,” one-year after arrival. Five years after holding a green card, refugees may then apply to become a citizen through a process called naturalization.

Naturalization applicants must show they meet residency requirements, and have good moral character. It was reported that Omar became a citizen in 2000, five years after her arrival, at the age of 17.

This last detail is important, and is where things start to get murky. If Omar became a U.S. citizen at the age of 17, she must have obtained it through automatic acquisition after the naturalization of at least one of her parents. Omar would not have been able to apply for citizenship on her own because individuals are ineligible to apply for naturalization until age 18.

Here is where it gets really complicated. The requirements for automatic acquisition have changed several times throughout the last century. The marital status of Omar’s parents would determine whether she could have acquired citizenship. I have no details about their marital status to be able to determine if these legal requirements were fulfilled.

However, if Omar did not have to apply for naturalization, it could eliminate one possible crime that she could be charged with: knowingly giving false information in furtherance of an application for citizenship. A conviction for this crime would lead to her denaturalization, resulting in the loss of citizenship, and the institution of removal proceedings to deport her.

But the analysis doesn’t stop there. For Omar to have automatically acquired citizenship, she must also have been lawfully admitted to the United States for permanent residence, and there are reports questioning the legality of her admission as a refugee.

David Steinberg has covered the Omar saga for several years and has openly questioned whether she is who she says she is. Steinberg has alleged that Omar assumed her name from an unrelated family that was being granted refugee status. Although I have no way to independently assess the veracity of this report, there is circumstantial evidence that this type of immigration fraud was rampant in the circumstances under which Omar was admitted to the United States.

Specifically, in 2009 the Obama administration assessed the viability of re-employing a Bush-era pilot program that unearthed widespread immigration fraud. It found that as many as 87 percent of applications claiming familial relationship were fraudulent. If the reports are ultimately found true, the immigration consequences would be severe, including loss of citizenship and the institution of removal proceedings. Moreover, there may be no defenses to removal in an immigration court setting to stop her deportation.

Assuming arguendo that it is determined that Omar is not a citizen of the United States, and if she is convicted for any of the crimes she is allegedly being investigated for, there would be bars from most forms of relief from removal. Most crimes relating to fraud constitute a crime involving moral turpitude, which would preclude Omar from applying for cancellation of removal as an immigrant who holds no status in the United States.

If she is convicted for tax evasion where loss to the government exceeds $10,000, she will be removable for having an aggravated felony conviction, which also precludes her from applying for asylum. If she is convicted for marriage fraud, she would be ineligible to be sponsored if she were to marry a U.S. citizen. Needless to say, the worst-case scenario is very bleak.

That said, I have more questions than answers, but my preliminary analysis is that Omar is in need of competent immigration counsel to ensure that there is no threat of her losing her citizenship, or, worse, the prospect of deportation back to a country she fled as a child.


Matthew L. Kolken has served as an elected director of the American Immigration Lawyers Association's Board of Governors, where he has been a member since 1997. Mr. Kolken has appeared nationally on MSNBC, FOX News, and CNN.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: ilhanomar; immigration; omar
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1 posted on 01/21/2020 12:58:46 PM PST by SeekAndFind
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To: SeekAndFind

She is not going anywhere. She is a democrat and they will blame GWB.


2 posted on 01/21/2020 1:01:07 PM PST by Dacula (Jesus Christ is my Lord and Savior.)
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To: SeekAndFind

She cant be flown back to Somalia fast enough to suit me! AND send all of her alleged relatives with her


3 posted on 01/21/2020 1:01:11 PM PST by MagUSNRET
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To: SeekAndFind

Can’t happen fast enough. Hope it happens at all.


4 posted on 01/21/2020 1:04:49 PM PST by FreedomPoster (Islam delenda est)
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To: SeekAndFind

I’ll believe it when I see it.

She has a black, muslim, female and liberal democrat get out of jail cards.


5 posted on 01/21/2020 1:05:01 PM PST by setter
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To: SeekAndFind

We have had Nazi war criminals come here who lied on their immigration papers, had their citizenship revoked, but nonetheless died here in their own beds.

The simple reason: No other country would take them.


6 posted on 01/21/2020 1:05:03 PM PST by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer)
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To: MagUSNRET

Don’t land just fly low and slow. Tell her and her relatives to hit the ground running in the direction they are flying. Fast as you can. Oh, and Bye Bye.


7 posted on 01/21/2020 1:05:44 PM PST by Equine1952 ((You can die on your feet or live down on your knees. You can not do both. Freedom Is not Free))
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To: MagUSNRET

I don’t think they have to fly her all the way back to Somalia.

Drop her off half way and just make a mid-air U-turn.


8 posted on 01/21/2020 1:06:01 PM PST by samtheman (I hope someone close to Trump is reading FR every day.)
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To: SeekAndFind

I wish. But it will not happen.


9 posted on 01/21/2020 1:06:13 PM PST by JustaCowgirl (#orangemanbadass)
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To: SeekAndFind
Deportation?

Not soon enough!

You do realize other people have been deported for much less

10 posted on 01/21/2020 1:07:22 PM PST by SMARTY ("Nobility is defined by the demands it makes on us - by obligations, not by rights".)
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To: SeekAndFind

What a wonderful thought, may it be so.


11 posted on 01/21/2020 1:07:57 PM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: setter

“She has a black, muslim, female and liberal democrat get out of jail cards.”

There’s a Quad-fecta right there.


12 posted on 01/21/2020 1:08:49 PM PST by BBQToadRibs
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To: setter

But she also has made powerful enemies including, even if they don’t say it, Jewish politicians.

Not all, but definitely some.

Good.


13 posted on 01/21/2020 1:08:50 PM PST by dp0622 (Radicals, racists Don't point fingers at me I'm a small town white boy Just tryin' to make ends meet)
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To: SeekAndFind
Trying to verify her PLACE of birth in Somalia, her DATE of birth and her consequent immigration to the U.S.A. is just about impossible.

When we traveled to Kenya (from the K.S.A.) we saw Somali refugees. They were a pathetic lot, mostly women and children. I can't think that much has changed there and if Ilhan Omar is really from there then she has a lifetime of living under the standard cruel, horrible, greedy despot. THAT'S where she learned all she spouts now--terrorism, hatred and undying, unremitting rage, anger and fury.

14 posted on 01/21/2020 1:08:54 PM PST by cloudmountain
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To: SeekAndFind

Nothing will happen. The Feds only go after legitimate citizens.


15 posted on 01/21/2020 1:09:12 PM PST by Seruzawa (TANSTAAFL!)
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To: SeekAndFind

Dept of Justice? FBI? LOL. No justice, no republic.


16 posted on 01/21/2020 1:10:35 PM PST by PGalt (Past Peak Civilization?)
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To: Dacula

RE: She is a democrat and they will blame GWB.

I’ll be surprised if they did that. Why not blame Trump instead?


17 posted on 01/21/2020 1:11:24 PM PST by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind

Can you imagine the wailing and screaming of the lefties if they ever deported the little muzzie bitch? Just add “ist” to any derogatory term you can think of, then make up a few more, add screaming, dozens of “F bombs” and throw in a bike lock and a skateboard or two and multiply by a factor of 10; that’s what the reaction will be.


18 posted on 01/21/2020 1:13:39 PM PST by ManHunter (You can run, but you'll only die tired... Army snipers: Reach out and touch someone)
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To: SeekAndFind

No way she gets deported. Or any punishment for that matter.
A female Black Muslim, who was married to her brother?!
That’s the HR checklist jackpot.


19 posted on 01/21/2020 1:13:54 PM PST by EEGator
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To: SeekAndFind
<>Specifically, in 2009 the Obama administration assessed the viability of re-employing a Bush-era pilot program that unearthed widespread immigration fraud. It found that as many as 87 percent of applications claiming familial relationship were fraudulent.<>

Oh.

20 posted on 01/21/2020 1:14:44 PM PST by Jacquerie (ArticleVBlog.com)
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