Larry Klayman Sues To Compel DHS

WASHINGTON - EntSun -- Public interest advocate Larry Klayman, Founder of Freedom Watch USA and Judicial Watch, has filed a Petition for Writ of Mandamus in the United States District Court for the District of Columbia seeking a court order compelling the U.S. Department of Homeland Security ("DHS") to perform statutory duties it has refused to carry out.

The underlying petition, submitted February 22, 2019 to DHS, alleged
that Rep. Ilhan Omar obtained immigration benefits and U.S.
citizenship through marriage fraud, false statements relating to
refugee status, document fraud, fraudulent naturalization, and
concealment or misrepresentation of material facts. Central to the
allegations is the claim that Omar married her biological brother,
Ahmed Nur Said Elmi, in 2009 to secure his U.S. immigration status — a

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scheme that, if proven, would render her naturalization fraudulently
obtained and raise fundamental questions about her eligibility to have
held federal office.

Despite this, DHS has issued no formal findings, taken no adjudicative
action, and provided no public accounting of the petition's status in
nearly seven years. In December 2025, Border Czar Tom Homan publicly
confirmed that DHS is actively investigating Omar and that an HSI
investigator concluded there is "no doubt" she committed immigration
fraud — yet the agency has still failed to act. A January 2026 motion
by Rep. Nancy Mace to subpoena Omar's immigration records was killed
in the House Oversight Committee by members of both parties.

The lawsuit relies on the federal mandamus statute (28 U.S.C. § 1361)
and the Administrative Procedure Act, which authorizes courts to
compel agency action that has been unlawfully withheld or unreasonably

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delayed. The court is not being asked to order removal,
denaturalization, or criminal prosecution — only to compel DHS to
carry out the investigative and adjudicative processes required by
law, including its obligations under 8 C.F.R. § 270.2(b) and 8 U.S.C.
§ 1451(a).

"This case is not about politics, prosecution, or predetermining
guilt," said Klayman. "It is about enforcing the rule of law. When
Congress and federal regulations require an agency to investigate
sworn allegations, DHS does not have the discretion to ignore them."

The case is pending in the U.S. District Court for the District of
Columbia. A copy of the petition is available at
www.freedomwatchusa.org.

For more information, contact Freedom Watch USA at contact@freedomwatchusa.org.