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Ilhan Omar’s issue, which caused a stir, has come up again due to new claims of her being involved in a fraudulent marriage and immigration. The accusations date back to her marriage in 2009 with Ahmed Nur Said Elmi, who some critics insist was her brother, a claim that was made in 2016.
Trump commented about the whole situation a few days after the White House had an unrelated security incident. He resurrected the former allegations. Public and pro MAGA groups are among those who have gone so far as to ask for Omar’s denaturalization and deportation, although she is a naturalized US citizen and a Congresswoman.
The legal aspect of this matter revolves around the question of whether it is possible to deport a naturalized citizen, particularly an official, if it is proven that their citizenship was procured fraudulently. Denaturalisation, according to US law, is only an option when it is shown that a person ‘obtained naturalization by hiding a material fact or through intentional misrepresentation’. In the case of Omar, the past examinations including those done by the FBI and the US House Ethics Committee, have all concluded with no charges and the so called fraud has never been backed by any evidence. Moreover, Omar’s lawyers argue that the nature of the allegations, which go back many years and are concerned with complicated family and immigration history claims, is such that proving them to the level of ‘clear, unequivocal and convincing’ evidence needed to take away citizenship will be very challenging.
Besides that, the strong presence on social media together with the vocal demands coming from some parts of the public, have not changed the legal situation already established by precedents, which denote that denaturalisation is a very rare occurrence and mainly assigned to very serious crimes like terrorism or enormous immigration fraud. Opponents of Omar claim that the new charges are a result of political motivations and are not based on facts, a point emphasized by several fact checkers who have detected no reliable evidence that the siblings married or went through any kind of citizenship fraud. Even though, legally speaking, a naturalised citizen can be deposed if found guilty of fraud, the process is long, legally complicated, and uncertain, thus making the immediate denaturalisation of Ilhan Omar very unlikely given the existing public information.
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