Dershowitz says Omar faces legal risk as federal immigration investigation continues

WASHINGTON — Attorney Alan Dershowitz said Rep. Ilhan Omar could face serious legal consequences from a federal investigation into her immigration and citizenship records, although the Minnesota Democrat has not been charged with a crime and denies wrongdoing.

The investigation concerns how Omar obtained legal status after arriving in the United States from a Kenyan refugee camp in 1995, according to NewsNation. Investigators are also examining actions by her late father, who brought the family to the country.

NewsNation reported that federal prosecutors have issued more than 15 subpoenas, including to Omar’s relatives, citing a source familiar with the investigation. The scope of the inquiry and the evidence supporting it have not been fully disclosed.

Appearing on NewsNation’s “On Balance,” Dershowitz argued that judicial approval of investigative searches involving a member of Congress suggested authorities had presented substantial information. That assessment reflects his interpretation, rather than a finding that Omar committed a crime.

Dershowitz also made clear that his criticism extended beyond the legal questions.

“I hope she has to go to jail,” he said, accompanying that statement with accusations that Omar is anti-American and antisemitic.

His comments combined a discussion of potential legal exposure with a sharply personal denunciation of the congresswoman. Neither his assessment nor the existence of subpoenas establishes guilt.

Dershowitz said investigators would need to establish whether false information was submitted during the citizenship process. He suggested that questions about the timing of any alleged conduct could affect a potential criminal prosecution.

He also raised the possibility that repeated false statements could constitute continuing criminal conduct. Whether that argument would apply would depend on the evidence, the specific statements involved and the law governing any eventual charges.

Separately, Dershowitz said citizenship obtained through fraud could be vulnerable to a legal challenge. No court finding establishing such fraud was identified in the report.

Omar maintains that she did nothing wrong and says she has documents supporting her account. Questions about her immigration history were previously raised by A.J. Kern, a former Minnesota congressional candidate, in 2019.

Omar is seeking a fifth term in the House.

For now, the investigation remains unresolved: Federal authorities are gathering evidence, Omar disputes wrongdoing, and Dershowitz’s prediction of serious legal consequences remains an opinion rather than an outcome.