President Donald Trump is pressing to remove Rep. Ilhan Omar, D-Minn. from Congress following federal investigations into her immigration paperwork. Authorities are examining whether Omar improperly obtained U.S. citizenship through allegedly fraudulent documents. Omar has consistently denied any wrongdoing, and no official finding that she lacks citizenship has been made.
The effort could trigger a constitutional clash. Legal experts are analyzing Powell v. McCormack, the landmark 1969 Supreme Court decision that blocked Congress from excluding former House Chairman Adam Clayton Powell Jr. D-N.Y. who had been reelected despite allegations of misusing congressional funds.
Constitutional scholars John Yoo, a former Deputy Assistant Attorney General, and Cully Stimson told Fox News Digital that the Powell ruling may not protect Omar. Yoo argued that while Powell prevents Congress from adding qualifications beyond those in the Constitution, citizenship is an explicit constitutional requirement. If Omar were found not to be a citizen, he said, the Powell ruling would support a congressional decision to remove her.
Stimson emphasized that Powell v. McCormack addressed judging qualifications, not expulsion—a distinction he called critical. He outlined a scenario where House Republicans might attempt to prevent Omar from being seated if federal authorities present evidence challenging her citizenship before the new Congress convenes. Such a move would almost certainly trigger a legal challenge from Omar, raising questions about whether Congress can act before her citizenship status is definitively resolved.
The Constitution requires House members to be at least 25 years old, U.S. citizens for seven years, and residents of the state they represent at the time of election. House Republicans, including a top party leader, have publicly called for Omar's jailing and deportation if citizenship fraud is proven.
Investigators are examining potential age discrepancies and other immigration crimes. The case will hinge on whether federal findings establish a lack of citizenship—a determination that would test the boundaries of congressional authority and Supreme Court precedent.
