Why Criminal Prosecution Might Be The Least Of Ilhan Omar’s Legal Concerns

  
Via:  Vic Eldred  •  one month ago  •  31 comments

By:   By Matthew Kolken

Why Criminal Prosecution Might Be The Least Of Ilhan Omar’s Legal Concerns
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...

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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 Somalian 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.





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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.

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Vic Eldred
1  seeder  Vic Eldred    one month ago

Putting aside the insidious fact that this woman was somehow elected, there may be a serious problem with our vetting process for refugees. 


Rules of civility apply

 
 
 
cjcold
1.1  cjcold  replied to  Vic Eldred @1    one month ago

Sorry, this deflection from Trump's truly impeachable crimes just doesn't hold water.

 
 
 
It Is ME
1.1.1  It Is ME  replied to  cjcold @1.1    one month ago
Trump's truly impeachable crimes

Obstruction of "Congress" ?jrSmiley_30_smiley_image.gif

Like that's NEVER ever …… EVER ……  happened before. jrSmiley_10_smiley_image.gif

 
 
 
Vic Eldred
1.1.2  seeder  Vic Eldred  replied to  cjcold @1.1    one month ago

Off Topic.

I have an article on that.

 
 
 
Ed-NavDoc
1.2  Ed-NavDoc  replied to  Vic Eldred @1    one month ago

This does not even take into account the  voter base that got her elected. That is more than questionable in it's own right!

 
 
 
Vic Eldred
1.2.1  seeder  Vic Eldred  replied to  Ed-NavDoc @1.2    one month ago

You don't know how much I would like to see an accurate profile of that district. Could it resemble New York's 14th district which is more immigrant that native?

 
 
 
Ed-NavDoc
1.2.2  Ed-NavDoc  replied to  Vic Eldred @1.2.1    one month ago

From all I have seen and heard, that is exactly the case in Omar's district. Basically she won because no significant GOP opposition was running against her. Looks like a big change in 2020. Seems a fair number of folks in her district are getting fed up with her and want a change. I have seen at least two or three conservatives that are running against her. Hope people wake up make sure Omar is a one term mistake and vote her out.

 
 
 
Vic Eldred
1.2.3  seeder  Vic Eldred  replied to  Ed-NavDoc @1.2.2    one month ago

Even a moderate democrat running against her would be welcome. There is something fundamentally wrong with both parties when it comes to candidate recruitment.

 
 
 
XDm9mm
1.2.4  XDm9mm  replied to  Vic Eldred @1.2.1    one month ago

Per friends in the Twin Cities, it's considered Mogadishu west...   kind of like Little Havana in Florida.

When I lived in Maple Grove (NW corner of the Twin Cities area) about the only thing that came out of there were cab drivers and thieves.

 
 
 
Vic Eldred
1.2.5  seeder  Vic Eldred  replied to  XDm9mm @1.2.4    one month ago
Per friends in the Twin Cities, it's considered Mogadishu west... 

That I strongly suspected


kind of like Little Havana in Florida.

Not really. The people of Little Havana assimilated the day they arrived. They are an American asset


When I lived in Maple Grove (NW corner of the Twin Cities area) about the only thing that came out of there were cab drivers and thieves.

And I'll bet the cab drivers are the ones who didn't vote.



 
 
 
XDm9mm
1.2.6  XDm9mm  replied to  Vic Eldred @1.2.5    one month ago
Not really. The people of Little Havana assimilated the day they arrived. They are an American asset

True.  I only used it as a descriptive comparison.

And I'll bet the cab drivers are the ones who didn't vote.

I doubt that.   They were hauled into court by the 'authorities' because they refused to carry people with animals (seeing eye dogs at the time) and any they perceived as Jew.  They also were caught asking passengers (before they got in the cab) if they were carrying pork products.  That made them refuse service.   Yeah, they're not very well liked by many in the TC area.

 
 
 
Vic Eldred
1.2.7  seeder  Vic Eldred  replied to  XDm9mm @1.2.6    one month ago
  I only used it as a descriptive comparison.

I did know how you meant it, I just had to mark the difference for all reading this.


I doubt that.   They were hauled into court by the 'authorities' because they refused to carry people with animals (seeing eye dogs at the time) and any they perceived as Jew.  They also were caught asking passengers (before they got in the cab) if they were carrying pork products.  That made them refuse service.   Yeah, they're not very well liked by many in the TC area.

Wow!  Only in Obama's America!

 
 
 
jungkonservativ111
2  jungkonservativ111    one month ago

Drain the swamp

 
 
 
Sean Treacy
3  Sean Treacy    one month ago

Bad decisions come easy for people who decide to marry their brother.

 
 
 
Tessylo
3.1  Tessylo  replied to  Sean Treacy @3    one month ago

She didn't marry her brother.  

 
 
 
Jasper2529
3.1.1  Jasper2529  replied to  Tessylo @3.1    one month ago
She didn't marry her brother.  

Even the US State Department, DoJ, federal/state/local law enforcement agencies, MSM, and Snopes cannot confirm your statement.

 
 
 
WallyW
4  WallyW    one month ago

The process needs to be tightened up. Too many bogus claims, which allows all kinds criminals inside the US

 
 
 
Tessylo
5  Tessylo    one month ago

What kinds of concerns did Ms. Omar have in the first place, least of all criminal?

 
 
 
Vic Eldred
5.1  seeder  Vic Eldred  replied to  Tessylo @5    one month ago

According to the DOJ - "alleged criminal violations relating to perjury, immigration fraud, marriage fraud, state and federal tax fraud, federal student loan fraud, and bigamy."

Those kind of concerns

 
 
 
Kathleen
6  Kathleen    one month ago

She got the "Live Long and Prosper" hand sign wrong.

 
 
 
Vic Eldred
6.1  seeder  Vic Eldred  replied to  Kathleen @6    one month ago

That might be the "Somebody did something" sign

 
 
 
Sparty On
6.2  Sparty On  replied to  Kathleen @6    one month ago

[deleted]

 
 
 
It Is ME
7  It Is ME    one month ago

256

256

 
 
 
It Is ME
8  It Is ME    one month ago

256

"LIVE LONG.....AND STAY POOR" !

 
 
 
Vic Eldred
8.1  seeder  Vic Eldred  replied to  It Is ME @8    one month ago

That can also be a valid interpretation.

 
 
 
It Is ME
8.1.1  It Is ME  replied to  Vic Eldred @8.1    one month ago
That can also be a valid interpretation.

The "Rich" always stick their pinkies out and say "Fuck the Poor". jrSmiley_97_smiley_image.gif

At least that's what the "Left" says they do anyway. jrSmiley_10_smiley_image.gif

Omar is a Snob ! jrSmiley_100_smiley_image.jpg

 
 
 
loki12
8.2  loki12  replied to  It Is ME @8    one month ago

It's the death to Israel hand sign. 

?url=https%3A%2F%2Fcalifornia-times-brig

 
 
 
It Is ME
8.2.1  It Is ME  replied to  loki12 @8.2    one month ago

jrSmiley_9_smiley_image.gif

The "Pinky Swear" !

 
 
 
Paula Bartholomew
9  Paula Bartholomew    one month ago

Will Malenia face the same scrutiny?   She entered the country on a tourist visa and then worked as a professional model which was a violation of the therms of her visa.

 
 
 
Tessylo
9.1  Tessylo  replied to  Paula Bartholomew @9    one month ago
'professional model'

jrSmiley_91_smiley_image.gif

 
 
 
Paula Bartholomew
9.1.1  Paula Bartholomew  replied to  Tessylo @9.1    one month ago

Tacky as some of her photo shoots were, she was a professional model who made a tidy sum.

 
 
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