It has the makings of political intimidation, say some legal experts.
The Trump administration raided the home this week of a Democratic member of Congress, just weeks before she stands for reelection.
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Rep. Ilhan Omar (D-Minnesota) is the first Somali American to serve in Congress. The Washington Post has reported that the search of her home and seizure of boxes of information is part of an investigation into possible criminal immigration fraud, including whether she falsified her paperwork to enter the country. She denies that; Omar came to the country as a child decades ago.
It’s too early to say for certain whether the Trump administration has a legitimate case to press against Omar.
But numerous legal experts argued the administration’s actions have many of the makings of an intimidation effort, not just for Democratic members of Congress, but for naturalized immigrants who can legally vote.
“It’s meant to disrupt the midterms by not only trying to cast aspersions on a particular candidate but also to warn all naturalized Americans that they should keep their heads down for fear that the government will come after them,” said Kimberly Lane Scheppele, who studies the rise and fall of democracies at Princeton University.
Here’s what we know.
Omar is up for reelection in November, but her race is not viewed as competitive; she represents one of the most Democratic districts in the nation.
Beyond the immigration allegations, Omar has been attacked by Trump for years. She was first elected to Congress eight years ago, joining a group of vocal, liberal members of Congress led by women of color known as “The Squad.” Trump once said Omar must get “the hell out” of the country.
Trump has also heavily focused on a fraud scandal in Minnesota that implicated dozens of Somali Americans. It led to immigration agents surging into Minnesota earlier this year.
Last year, he called Omar “garbage.”
“I understand they are looking at her very carefully,” Trump told reporters of the raid. “I think she’s a terrible person, but that’s really up to the [Justice Department]. I have nothing to do with it.”
Omar is a naturalized citizen, which means she has the same rights as U.S. citizens born in the country: While it’s illegal for immigrants to vote in elections, naturalized citizens can serve in Congress and vote.
Last month, U.S. officials said federal authorities were investigating whether Omar unlawfully entered the country by falsifying her immigration paperwork. They said little publicly Monday about the specifics of the raid.
The statute of limitations for crimes related to naturalization is 10 years, The Washington Post reports, and Omar came to the country 25 years ago.
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By contrast, the raid on her home comes weeks before an election, a time when the Justice Department has traditionally put a hold on public actions in politically related cases.
Barbara McQuade, a former U.S. attorney now at the University of Michigan Law School, said there are some exceptions to that rule, such as when necessary to protect public safety or to prevent destruction of evidence.
“It is always important to remember that we don’t know what we don’t know, and so we need to wait and see what, if any, charges are filed,” McQuade said, “but if this is a case involving immigration matters occurring long ago, it is hard to see how that standard is satisfied.”
The timing signals to Scheppele that ahead of the election, the Trump administration may try to target more immigrants: “This is an alarming signal that they are going to target naturalized Americans with a review of their original paperwork,” she said.
Early in his second term, Trump demanded that the Justice Department go after his perceived political enemies and pushed out some prosecutors who hadn’t done so.
His administration has tried to bring cases against former FBI director James B. Comey, New York Attorney General Letitia James, the then-chair of the Federal Reserve and Democratic members of Congress who filmed a video telling members of the military they could refuse illegal orders. California Gov. Gavin Newsom (D) announced this summer the Justice Department is investigating him and his wife.
Most of those cases have either floundered in court or the government has backed off before bringing charges. But former Trump adviser John Bolton pleaded guilty this summer to retaining sensitive government information.
After the raid, Omar said it was part of “an attempt to target political enemies and weaponize federal law enforcement.”
Regardless, many legal experts say these repeated investigations and indictments of a president’s perceived foes are an affront to the rule of law.
“Even if there is a real crime here, all of these actions by Trump and the Justice Department undermine public confidence in federal law enforcement,” McQuade said.
Amber Phillips writes The 5-Minute Fix newsletter, a quick analysis of the day’s biggest political news. Send her an email here, or ask a question that could be featured in an upcoming newsletter.
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