Alan Dershowitz Says Ilhan Omar Could Face a Choice Between Resigning and Losing Her Seat as Federal Investigation Intensifies

The prominent attorney made the remarks during a Newsmax appearance as federal investigators examine questions surrounding the Minnesota congresswoman’s immigration history. But the legal process is far from a finding of wrongdoing—and Congress faces constitutional limits on removing an elected member.

1. Dershowitz Raises the Possibility of Omar Leaving Congress

Attorney Alan Dershowitz has intensified the political debate surrounding Democratic Representative Ilhan Omar, suggesting that the congresswoman could face mounting pressure to leave the House as federal investigators examine her immigration records.

The statement featured in the Newsmax graphic is particularly forceful: “I don’t think she has any choice but to either resign from the House or to be barred from sitting in the House.”

Dershowitz discussed Omar's legal situation on Newsmax's The Record with Greta Van Susteren on October 23, 2026. His comments followed a federal search of Omar's Washington-area residence earlier that month.

The remarks are Dershowitz's assessment of a developing situation, not an announcement that Congress has begun formal proceedings to remove Omar.

2. Federal Agents Search Omar’s Washington Residence

The controversy escalated on October 12, when federal agents searched Omar's Washington, D.C.-area residence as part of an ongoing criminal investigation.

The Department of Justice confirmed that agents with Homeland Security Investigations had executed a judicially authorized search warrant. Reporting by ABC News, CBS News and the Associated Press connected the investigation to questions about Omar's immigration paperwork.

The search was a significant development because Omar is a sitting member of Congress and is seeking reelection. It also occurred just weeks before the November midterm elections, prompting Democrats to question the timing and political implications of the investigation.

3. What Are Investigators Examining?

According to Reuters, the investigation is examining whether Omar or members of her family provided false information during immigration procedures in the 1990s or during her naturalization process.

Sources familiar with the matter told Reuters that a sealed search warrant cited possible offenses involving conspiracy, false statements on immigration documents and immigration fraud.

The Washington Post also reported that investigators were examining questions surrounding Omar's birth date and citizenship paperwork, including documents connected to her father.

These are investigative questions and potential allegations—not established facts. The existence of a search warrant does not prove that the person being investigated committed a crime.

4. Omar Denies Wrongdoing and Calls the Investigation Political

Omar has repeatedly rejected allegations of immigration fraud.

After the October 12 search, her office described the operation as an abuse of power and an escalation in what it called the weaponization of federal law enforcement against political opponents.

Omar also said she would not be silenced. Her supporters argue that the investigation must be evaluated on evidence rather than political rhetoric, particularly given the administration's repeated public attacks on her.

The Associated Press reported that Omar has faced allegations about her immigration history for years, including claims concerning a previous marriage. Those claims have not been established by the public evidence cited in the reporting.

5. Why Dershowitz Believes Resignation Could Become an Option

During the Newsmax discussion, Dershowitz considered what could happen if investigators establish that fraud occurred during Omar's immigration or naturalization process.

He explained that denaturalization would require the government to prove fraud. He also suggested that Omar could decide to resign rather than remain in Congress while facing a prolonged legal and political battle.

His prediction reflects his interpretation of the potential consequences—not a confirmed decision by Omar or a formal demand from the House leadership.

The distinction is important: even a serious investigation does not automatically require an elected representative to resign. Any decision to leave Congress would ultimately be Omar's unless a legally authorized process resulted in her removal or disqualification.

6. Can Congress Actually Bar Omar From Sitting in the House?

The Constitution gives each chamber of Congress authority over its own membership. Article I, Section 5 allows the House to expel one of its members, but requires a two-thirds vote.

That means removing a sitting representative is not a simple decision that can be made by the president, a television commentator or a congressional majority acting alone.

The Constitution also gives each chamber authority to judge the elections, returns and qualifications of its members. However, the legal distinction between refusing to seat a member-elect and expelling someone who has already been sworn in is significant.

The Congressional Research Service explains that exclusion and expulsion are separate constitutional processes, with different requirements.

7. Could a Citizenship Case Affect Her Congressional Seat?

A separate legal question concerns Omar's status as a naturalized U.S. citizen.

If federal authorities pursued denaturalization, they would need to establish the legally required grounds through the appropriate process. The government cannot simply cancel someone's citizenship because allegations have appeared in news reports or because a political figure demands it.

The potential consequences could be substantial if a court ultimately found that citizenship had been unlawfully obtained. But that scenario depends on evidence, legal proceedings and judicial decisions that have not yet been resolved in the publicly reported investigation.

Reuters reported that investigators were examining possible immigration-related offenses, while Omar continues to deny wrongdoing.

8. The Investigation Becomes a Midterm Election Flashpoint

The investigation has become part of a broader political confrontation between the Trump administration and one of its most outspoken Democratic critics.

The timing is especially sensitive because the search occurred close to the November 2026 midterm elections. The Associated Press reported that Democrats raised concerns about longstanding Justice Department practices intended to avoid overt investigative steps involving candidates near an election.

The administration, meanwhile, has maintained that the investigation concerns potential criminal conduct and should be evaluated through the legal process.

The political stakes are considerable: Republicans may use the allegations to challenge Omar's credibility, while Democrats may point to the timing and public rhetoric as evidence of political pressure. Neither political argument, however, determines whether the underlying allegations are true.

9. What Happens Next?

Dershowitz's comments have placed a dramatic possibility into the public debate: that Omar could eventually face pressure to resign or a challenge to her ability to remain in Congress.

But several steps would have to occur before that prediction could become reality. Investigators would need to develop evidence, prosecutors would need to determine whether charges or other legal action are justified, and any citizenship challenge would have to follow the applicable legal process.

Separately, the House would have to consider its constitutional authority if a question about Omar's continued membership arose. Expulsion of a sitting member requires a two-thirds vote.

For now, Omar remains a member of Congress, denies wrongdoing and has not been publicly established to have committed immigration fraud. Dershowitz's statement is a warning about what he believes could happen—not proof that her political career is already over.