Trump Wants Ilhan Omar Out of Congress, and the Fight Could End Up Before the Supreme Court
President Donald Trump's push to remove Democratic Rep. Ilhan Omar from Congress could set up a constitutional fight with few precedents, one that legal experts say may eventually reach the Supreme Court.
"Let's get her the Hell out of there," Trump said Monday during an appearance in Mississippi, renewing his calls for the Minnesota congresswoman to leave office.
The president cannot remove a member of Congress on his own. Any attempt to unseat Omar would have to go through the House and, almost certainly, the federal courts.
The Federal Investigation
The dispute stems from a federal investigation into whether Omar improperly obtained U.S. citizenship through immigration paperwork connected to her late father.
Homeland Security Investigations agents searched Omar's Washington, D.C., residence on Oct. 12 under a court-authorized warrant. Agents reportedly seized her cellphone, computers, notebooks and passport. Investigators have also subpoenaed relatives and reviewed immigration records as they examine whether her citizenship could be revoked.
Omar has repeatedly denied committing immigration fraud. She has not been charged, and authorities have not established that she obtained citizenship unlawfully. She has also denied long-running allegations that her former husband, Ahmed Nur Said Elmi, is her brother. Those claims remain unproven.
Omar was born in Somalia, came to the United States as a refugee and became a naturalized citizen in 2000. She separately faces an investigation involving her financial disclosures and businesses tied to her husband, Timothy Mynett.
What the Constitution Says
The Constitution requires House members to be at least 25 years old, U.S. citizens for seven years and inhabitants of the state they represent. That citizenship requirement could become central if a court ever revokes Omar's naturalization.
The key precedent is the Supreme Court's 1969 ruling in Powell v. McCormack. The House had refused to seat Rep. Adam Clayton Powell Jr. over allegations involving congressional funds, and the justices ruled that Congress could not exclude an elected member who met the qualifications listed in the Constitution.
Former Deputy Assistant Attorney General John Yoo argues that ruling could actually cut against Omar. "Powell essentially means that Congress cannot add on to the minimum qualifications set out in the Constitution," Yoo told Fox News Digital. Because citizenship is one of those qualifications, he argued, Congress could enforce it if Omar were found not to be a citizen.
Constitutional scholar Cully Stimson drew a similar line between refusing to seat someone who lacks the required qualifications and expelling a sitting member for misconduct.
Two Possible Paths
If Omar wins reelection Tuesday and the investigation is still open when the new Congress convenes, House Republicans could challenge whether she qualifies to be seated, but only if authorities first produce evidence undermining her citizenship. That would almost certainly trigger litigation.
The other route is expulsion, which requires a two-thirds vote of the House under Article I. Republican Rep. Randy Fine of Florida has already said what he would do if Omar is found not to be a citizen: "I absolutely will demand expulsion immediately."
The Supreme Court has never directly ruled on Congress' power to expel a member. Stimson pointed to the 2023 expulsion of former Rep. George Santos, which involved conduct that began before his election, and said lawmakers could argue any immigration misrepresentations continued after Omar took office.
For now, all of it hinges on an investigation that has produced no charges. But if that changes, the battle over Omar's seat could become one of the most closely watched constitutional fights in years.