Trump says Ilhan Omar should be ‘thrown the hell out’ of the US. What exactly is her immigration status? Can he deport her? What does the law say?

US President Donald Trump said the Democratic representative Ilhan Omar “should be thrown the hell out of our country” amid tensions over US immigration policy and the presence of fellow Somali-American communities in her state of Minnesota. This is part of Trump’s longstanding personal attacks on Omar, even as he accused Somali migrants of “destroying” the country through alleged welfare fraud and a failure to assimilate into American society.

Alleged fraud by Minnesota’s Somali community

There are some 100,000 Somali-Americans in Omar's Minnesota state. Trump’s xenophobic comments came after reports of probes into alleged fraud in Minnesota’s Somali community, such as misuse of taxpayer-funded healthcare programmes, which Trump linked directly to Omar. He is painting it as part of issues with migration from what he termed “s***hole countries” like Somalia.

The US Justice Department has been conducting probes into fraud in Minnesota’s Medicaid and food assistance programmes by Somali residents, including alleged scams worth 250 million dollars since 2023.

A Somali refugee and naturalised citizen, Omar has said Trump’s anger stems from his “failing” agenda and efforts to rally his base ahead of mid-term elections in Minnesota. She has been an opponent of ending Temporary Protected Status (TPS) for Somalis and mass deportations.

This is not the first time that Trump said Omar should leave the US: ‘Married her brother…’

Trump has repeatedly claimed that Omar “married her brother” to fraudulently gain US entry and citizenship, calling it undeniable and grounds for denaturalisation. “She supposedly came into our country by marrying her brother... If that’s true, she shouldn’t be a congressman, and we should throw her the hell out,” Trump said.

The rumours regarding her marriage were fanned by conservative media outlets since 2016, when Omar ran for the state assembly. The FBI, Minnesota Campaign Finance Board, and House Ethics Committee found no evidence after probes. No charges were filed, and Omar has fought these claims as Islamophobic smears.

What is Ilhan Omar’s immigration status?

Ilhan Omar, born to a Muslim family in Somalia in 1982, is a naturalised American citizen.

She fled the Somali civil war as a child, arriving in the US as a refugee in 1995 after spending time in a refugee camp in Kenya. Omar later became a green card (permanent residency) holder and then a naturalised US citizen in 2000 when she was 17. She has served as the US Representative from Minnesota since 2019.

Can Trump ‘throw out’ Omar from the US? What does the law say?

Trump cannot unilaterally deport Omar via executive order, as deportation applies only to non-citizens. The US Constitution’s 14th Amendment guarantees equal protection to all citizens, and the Immigration and Nationality Act (INA) does not authorise the president to expel citizens.

Being a naturalised citizen, Omar has the same constitutional rights and protections as any US-born citizen, including the right to vote and hold elected office (except that of the US president).

The law protects citizens — including naturalised ones — from deportation under normal circumstances.

But, there's a narrow legal loophole for revoking citizenship, or denaturalising a naturalised citizen

Under INA Section 340 (8 U.S.C. § 1451), the Department of Justice (DOJ) can initiate a civil proceeding in federal court to strip somebody's citizenship if it proves, by “clear, unequivocal, and convincing evidence,” that the person willfully concealed a material fact or made a deliberate misrepresentation during the naturalisation process.

This could range from fraud in applications or interviews to misrepresentation that directly affected eligibility for citizenship. If the legal move is successful, the person reverts to their prior immigration status, in Omar’s case as a refugee/asylee or permanent resident. This could open the door to deportation if they no longer qualify.

This process has been extremely rare, with fewer than 100 cases per year, mostly applying to war criminals or terrorists. It can take years to complete, including litigation. It also requires judicial approval, not an executive order from the president.

In short, Trump could direct the DOJ to pursue it, but the final decision will come from the courts.