Bipartisan Ethics Experts Accuse Trump Officials of Violating Federal Law in Raid on Rep. Omar’s Home
October 13, 2026
The raid appears to be an attempt to influence voters weeks before the election and directly violates the DOJ’s long-standing rule of forbearance
WASHINGTON, D.C. — Democracy Defenders Fund filed a formal Hatch Act complaint today against Department of Homeland Security Secretary Markwayne Mullin, U.S. Citizenship and Immigration Services Director Joseph Edlow, Attorney General Todd Blanche, and others at DHS and DOJ, following a pre-dawn raid on the Washington, D.C. home of Rep. Ilhan Omar.
The intrusive and unprecedented search was executed by Homeland Security Investigations agents on Oct. 12, 2026, just ahead of the start of early in-person voting in Minnesota. According to reports, federal authorities obtained the warrant based on 30-year-old allegations regarding immigration paperwork filled out by Rep. Omar’s late father when she entered the country as a 12-year-old refugee in 1995.
The Hatch Act strictly prohibits executive branch officials and employees from using their official authority to interfere with or affect the outcome of an election. According to longstanding agency policy and the established “rule of forbearance,” DOJ officers and prosecutors should refrain from taking overt investigative steps against candidates shortly before an election to avoid influencing the electorate.
There was no urgent or non-electoral reason for taking action so close to the midterm election, as the administration is reported to be looking for decades-old immigration paperwork. Yet, the raid took place as early voting via absentee ballots is underway and just days before early in-person voting opens in the general election.
“The timing of this outrageous action against a long-time target of Trump’s evinces illegal political intent,” said Amb. Norm Eisen (ret.), executive chair and co-founder of Democracy Defenders Fund. “Staging a public raid on the home of a sitting member of Congress weeks before a consequential election is an abuse of power. Trump’s DOJ has offered no explanation for executing this warrant right in the middle of the election season. Based on what we do know, this appears to be a case of Trump’s DOJ, yet again, being abused for intimidation purposes.”
“The Founders were so concerned about abuse of executive law enforcement against members of Congress they included the Privileges and Immunities clause in the Constitution,” said Richard W. Painter, former associate counsel to President George W. Bush. “While this DHS raid on Representative Omar’s home does not violate that clause it does violate the Hatch Act prohibiting use of official position to influence the outcome of elections. More important, such harassment of members of Congress by the executive branch violates fundamental principles of separation of powers and is dangerous for democracy.”
“The Hatch Act is explicitly designed to prevent federal officials from weaponizing their official authority and government agencies to influence elections,” said Virginia Canter, chief counsel and director of ethics and anti-corruption at Democracy Defenders Fund. “This alarming abuse of power demands a swift and independent investigation by the Office of Special Counsel.”
Read the full complaint here.
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Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.
For media inquiries, contact press@democracydefenders.org.
