A legal complaint has been filed against senior Trump administration officials over the search of Democratic Representative Ilhan Omar's home, alleging that the operation may have violated the Hatch Act, a federal law designed to prevent government interference in elections.
Democracy Defenders Fund filed the complaint on Tuesday, calling on Special Counsel Charles Baldis to investigate whether the October 12 search of Omar's Washington, D.C., residence violated the Hatch Act.
The organization, a nonprofit founded in 2023 by former Obama administration ethics lawyer Norm Eisen, argues that the search, which took place just three weeks before November's midterm elections, was deliberately timed to damage Omar's reelection campaign.
The complaint names Homeland Security Secretary Markwayne Mullin, Attorney General Todd Blanche, U.S. Citizenship and Immigration Services Director Joseph Edlow and “any other employee” at the Justice Department and Department of Homeland Security.
“DOJ and DHS’s decision to instigate this raid at this very moment and for these alleged reasons is unexplainable—except for as a politically motivated use of power to influence the Minnesota congressional election in violation of the Hatch Act,” the complaint reads. “A review of this matter is therefore immediately necessary.”
The Justice Department has said the search was part of an ongoing federal investigation reportedly involving allegations of immigration fraud dating back approximately three decades. Omar has denied any wrongdoing.
Newsweek reached out to the Justice Department and Omar's campaign team via email for comment.
...
What Is the Hatch Act?
The Hatch Act is a federal law passed in 1939 that restricts certain political activities by government employees, particularly the use of public office to influence elections.
According to the U.S. Office of Special Counsel, the legislation was introduced to ensure government programs are administered without partisan influence, protect federal employees from political pressure and ensure hiring and promotion decisions are based on merit rather than political affiliation. The law generally prohibits federal employees from using their official authority to interfere with or affect election results.
It also restricts activities such as campaigning while on duty, soliciting political contributions and using government resources for partisan political purposes. Most federal employees can still participate in political campaigns in their personal time, although certain government positions face additional restrictions.
The legislation covers most civilian employees in the executive branch, including Cabinet officials, but specifically exempts the president and vice president.
Violations can result in disciplinary action, including suspension, dismissal, reduction in grade or financial penalties. The Office of Special Counsel investigates alleged violations and can pursue disciplinary proceedings through the Merit Systems Protection Board.
What Does the Complaint Allege?
Democracy Defenders Fund argues that the timing and circumstances suggest that federal law enforcement powers may have been used to damage Omar's chances of reelection. Omar is a vocal critic of President Donald Trump.
The incident occurred four days before Minnesota began allowing early voters to cast ballots directly into ballot counters, although absentee and in-person voting has been open since September 18.
"The timing of this outrageous action against a long-time target of Trump's evinces illegal political intent," Eisen said. In its complaint, the organization also said the Justice Department has long avoided highly visible investigative steps involving candidates shortly before elections.
Under the Justice Department's official guidelines, prosecutors and investigators cannot deliberately time their actions to influence an election or give a particular candidate or party an advantage or disadvantage. The department has historically exercised caution in the run-up to elections, known as the unwritten 60-day rule, although it does not absolutely prohibit investigating candidates during that period.
The complaint requests an administrative investigation rather than a lawsuit filed in federal court.
Why Was Ilhan Omar's Home Searched?
Federal agents searched Omar's Washington residence in a predawn raid on Monday as part of an ongoing criminal investigation. The precise scope of the investigation remains unclear, though the Trump administration has previously raised allegations concerning Omar's immigration history.
A person familiar with the investigation told Reuters that it involved paperwork completed by Omar's late father when she entered the United States as a child. Newsweek has not independently confirmed that account.
Omar, who was born in Somalia and became a naturalized American citizen in 2000, has repeatedly denied allegations of immigration fraud.
...
The congresswoman condemned the search, accusing the administration of using law enforcement to target political opponents.
"This is just the latest escalation in his campaign of political intimidation," Omar said in a statement following the search. "I will not be silenced."
Trump denied involvement in the search, telling reporters on Monday that he had "nothing to do" with it and that the Justice Department should handle the investigation.
Some Republicans defended the investigation. Representative Nancy Mace said on X that if immigration fraud were proven, Omar should be “denaturalized and deported home to Somalia.”
Mullin had previously discussed an investigation into Omar's immigration history, telling conservative commentator Benny Johnson in September that authorities were examining whether she had entered the country legitimately. Mullin insisted that any case against Omar would be based on wrongdoing, not politics.
What Happens Next
The complaint has been submitted to Baldis, who was confirmed as head of the U.S. Office of Special Counsel in August.
His office can examine whether federal officials improperly used their positions to influence the election and determine whether disciplinary proceedings are warranted. No public confirmation indicates that Baldis has opened a formal investigation.
The federal investigation involving Omar remains ongoing. The Trump administration is yet to publicly disclose evidence supporting the allegations of immigration fraud.
Contact Newsweek editors on this story: Rebecca Flood and Sam Wilson.