The federal government is refusing to turn over records related to an investigation conducted by Immigration and Customs Enforcement into allegations of immigration fraud by Congresswoman Ilhan Omar, D-Minn., citing a legal exemption for ongoing investigations.
Just the News filed a Freedom of Information Act request for the records in January, seeking the records pertaining to any investigations conducted by U.S. Immigration and Customs Enforcement into the allegations that Rep. Omar, who represents Minnesota’s 5th Congressional District, married a relative in order to help him remain in the country.
Omar has denied the allegations. No court records, DNA evidence, or other documentary proof has ever substantiated that Ahmed Nur Said Elmi, Omar’s legal husband from 2009–2017, was her biological brother.
“ICE has determined that the information you requested is being withheld in full pursuant to Title 5 U.S.C. § 552(b)(7)(A). Disclosure of any responsive records at this time could reasonably be expected to interfere with enforcement proceedings,” ICE told Just the News in response to the FOIA in May.
The FOIA exemption cited by the agency “applies to records or information compiled for law enforcement purposes when their release could disrupt such proceedings,” the reply reads.
You can read the letter below:
Final Response 2026-ICFO-11295 3 (1).pdf
The Department of Justice guidelines for invoking exemption 7(A) say that doing so requires a two-step assessment. “First, there must be a ‘reasonable likelihood’ of a pending or contemplated law enforcement proceeding,” the guidance says. “Second, release of the information must be reasonably expected to cause some articulable harm to that proceeding.”
Harm includes things such as exposing the case to witness tampering or tipping off suspects, according to the guidance. The exemption makes no distinction between criminal, civil, and administrative cases.
Omar’s office did not respond to a request for comment.
Hellbound and Down 