White House border czar Tom Homan confirmed the Department of Homeland Security is running a criminal investigation into Rep. Ilhan Omar. This move stems from claims that she married her brother to gain U.S. citizenship. She has repeatedly denied these allegations.

The Trump administration wants to strip her of her citizenship. But the law is not a simple switch. Michael Wildes, an immigration attorney and former federal prosecutor, told Fox News Digital that investigators face a very high bar.

He said the government must prove beyond reasonable doubt that Omar knowingly entered the marriage to evade immigration laws. The benefit of citizenship must be the primary purpose. It cannot be a side effect or secondary consideration.

Wildes noted that even if the couple later decided to use the marriage for immigration benefits, it would not be fraud. This is a tough standard to meet in court. The marriage in question took place in 2009.

Time works against the government here. Statutes of limitations could hinder a prosecution for marriage fraud. If they do prove fraud, Omar could face five years in jail.

She could also face a fine of $250,000. But Wildes pointed out another path for denaturalization. This route looks at her original citizenship papers from 2000.

Omar claims she became a citizen automatically because she was a minor. Her father was naturalized at that time. However, records show she was 17.

Speculation has risen that she was actually older. If she was not a minor, her citizenship might be void. Former candidate AJ Kern noted her birth year was revised on a state website.

This detail fuels the theory that she lied on her application. Wildes said the government decides denaturalization cases on a case-by-case basis. The key question is intent.

Did she lie on purpose, or was it a mistake? Simple errors do not count as fraud. Wildes said he has not seen evidence worthy of a prosecution yet.

He questioned whether it is right to banish someone for inadvertences. Homan declined to share specific evidence held by DHS. Omar told Fox News she has not been contacted by investigators.

She dismissed the probe as right-wing politics. Wildes said her lack of awareness is normal. The government does not need to show its hand early.

They want to build a solid case before acting. The political stakes are high for all sides. The legal hurdles are even higher.

The burden of proof rests entirely on the state. They must connect the dots without reasonable doubt. This is not a process that happens overnight.

It requires concrete facts, not just speculation. The investigation continues behind closed doors. The public sees only the headlines.

The courtroom will decide the final outcome. The law demands precision and proof. Politics may drive the inquiry, but evidence drives the verdict.

The bar remains high for any conviction.