DHS Secretary Says Omar Investigation Targets Multiple People, DOJ Leading Case

A public statement by a Cabinet official that a federal investigation extends beyond one member of Congress raises questions about scope, timeline, and what charges, if any, the Justice Department...

Homeland Security Secretary Markwayne Mullin said on October 31, 2026, that a federal investigation involving Rep. Ilhan Omar (D-MN) is a "large case" that targets more than one individual and has been formally handed to the Department of Justice. "This isn't just a case that's targeting one individual. This is a large case that we have presented to the DOJ, and the DOJ is leading the investigations," Mullin told Fox News.

Mullin confirmed that agents from Homeland Security Investigations (HSI), a law enforcement arm of the Department of Homeland Security, conducted a search of Omar's home on October 12, 2026. He said those agents "did a lot of investigation to be able to present the case" to the DOJ before the search was executed, according to the New York Post.

As of publication, the DOJ has not filed any public charges in connection with the investigation. The existence of charges, if any have been filed under seal, would be confirmed only upon unsealing in federal district court. The specific statutes under investigation have not been publicly identified by either DHS or DOJ.

Omar, who has represented Minnesota's 5th Congressional District since 2019, has not been charged with any crime. Under the U.S. Constitution's Speech or Debate Clause (Article I, Section 6), members of Congress retain certain protections from executive branch interference related to their legislative duties, though that clause does not shield members from prosecution for conduct outside official legislative acts, as established in United States v. Brewster, 408 U.S. 501 (1972).

Mullin, a Republican senator from Oklahoma, was confirmed as DHS Secretary in 2025. His public characterization of an ongoing federal investigation as "large" is notable because executive branch officials typically decline to comment on active investigations to avoid prejudicing potential proceedings. The DOJ's own guidelines, outlined in the Justice Manual Section 1-7.000, discourage public statements that could materially affect a pending or prospective case.

HSI is a component of Immigration and Customs Enforcement within DHS. It holds jurisdiction over a range of federal violations including fraud, financial crimes, cybercrime, and human trafficking, among others. The agency's involvement, rather than the FBI, indicates the investigative focus falls within one or more of those statutory categories, though the specific allegation type remains publicly unconfirmed.

The search of a sitting member of Congress's home is a procedurally significant step. Federal investigators must obtain a warrant from a federal magistrate or district judge, supported by probable cause, before executing a residential search. The underlying warrant affidavit in the Omar case has not been made publicly available. A motion to unseal that affidavit, if filed by Omar's legal representatives or a media organization, would be the public record that could clarify the factual basis for the search.

Omar's office has not issued a public statement responding to Mullin's October 31 comments, as of the time of publication. Her legal representatives have not been publicly identified in connection with the investigation.

Congress has seen prior instances of federal searches targeting sitting members. In 2006, the FBI searched the Capitol Hill office of Rep. William Jefferson (D-LA), a move that prompted bipartisan objections regarding separation of powers. Jefferson was later convicted on bribery charges in 2009. In 2021, federal agents searched properties connected to then-Rep. Jeff Fortenberry (R-NE), who was subsequently convicted of making false statements to federal investigators in 2022.

What remains unknown is the identity of the other individuals described by Mullin as targets of the investigation, the specific federal statutes alleged to have been violated, and whether the DOJ intends to seek an indictment. The documents that would answer those questions are the warrant affidavit, any sealed grand jury indictment, and any eventual DOJ charging document filed in federal court.