DHS says it does not comment on ongoing investigations and that “no one, including members of Congress, are above the law”
U.S. Department of Homeland SecurityUnnamed Department of Homeland Security spokesperson, in a statement to Newsweek
In a statement to Newsweek the day after DHS Secretary Markwayne Mullin’s remarks in an interview with Benny Johnson about Rep. Ilhan Omar, an unnamed DHS spokesperson said “as a matter of policy, DHS does not comment on specific investigative techniques, ongoing investigations, or potential future actions,” and that “no one, including members of Congress, are above the law.” As Newsweek prints it, the statement does not name Omar.
“As a matter of policy, DHS does not comment on specific investigative techniques, ongoing investigations, or potential future actions,” … “No one, including members of Congress, are above the law.”
Reporting
Reporting
Where this statement fits
Should Trump administration officials publicly accuse Rep. Ilhan Omar of immigration fraud?
Since at least 2016 there have been unproven claims that Rep. Ilhan Omar’s 2009 husband, Ahmed Nur Said Elmi, is her brother. Senior Trump administration officials have repeated the claim publicly. This record begins with Vice President JD Vance’s March 27, 2026 statement that “we actually think that Ilhan Omar definitely committed immigration fraud,” and includes President Donald Trump’s May 1 statement, “I believe she married her brother.” On September 10, Homeland Security Secretary Markwayne Mullin said in a podcast interview, “we know that she married her brother to try to bring him in the United States,” and that an investigation was ongoing. On September 13, border czar Tom Homan declined to give specifics of an “ongoing criminal investigation” but said “no one’s above the law.” Omar has denied the claim: on September 16 she told a reporter “Absolutely not” and that she is not under investigation, and on September 18 Fox News Digital reported her saying DHS had not contacted her. Fox reported that there has been no public evidence available to confirm an open investigation into her.
Source and context
Reporting
About this source
Newsweek reports DHS Secretary Mullin’s claim and quotes a statement from an unnamed DHS spokesperson given to Newsweek on Friday, September 11, 2026. JNS reports the same statement.
Archived copy (opens in a new tab)Reporting
About this source
JNS reports the same statement from a DHS spokesman, given to JNS on Friday, September 11, 2026, after Mullin’s remarks at the Republican midterm convention in Dallas.
Archived copy (opens in a new tab)Before the quotation
Mullin had said the day before, in an interview with Benny Johnson, that “this is an ongoing investigation.” Newsweek reported that DHS “could not comment on specific investigations.” JNS reported the same statement as given to it after Mullin’s remarks.
After the quotation
On September 13 Homan likewise said he would not comment on ongoing criminal investigations.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The statement declines to confirm or discuss any investigation, citing a policy of not commenting on ongoing investigations, and adds a general statement that no one is above the law without repeating or endorsing the accusation. The closest competing label is “Defended or excused”, because of the “no one … above the law” line; it loses because that line is generic and the statement neither repeats Mullin’s claim nor confirms a probe.
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- People and groups discussed
- Ilhan Omar
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The Dispute Index. "DHS says it does not comment on ongoing investigations and that “no one, including members of Congress, are above the law”". First published: 2026-09-20. Last updated: 2026-09-22. https://disputeindex.com/events/1255-in-a-statement-to-newsweek-the-day-after