A criminal RICO action requires a predicate act cataloged in the RICO statute. One of those is 18 USC 1028, which reads (as the lawyers say) in pertinent part:Markwayne Mullin reveals that the Trump administration is trying to build a RICO case against Ilhan Omar: "There was conspiracy to deceive the American government, and therefore everything else that came in with it could then be looked at as the same case ... the statute of limitations on things, they don't apply"
— Aaron Rupar (@atrupar) October 16, 2026
(a) Whoever, in a circumstance described in subsection (c) of this section— (1) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document;Subsection C of 1028 reads:
(2) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority;
(3) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor), authentication features, or false identification documents;
(4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States;
The circumstance referred to in subsection (a) of this section is that— (1) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document;I’m guessing they mean to make a case on (a)(4) based on the incorrect birthdate. Which is going to require proof she knew the birthdate she used to apply for citizenship was in error, and that error defrauded the American government.
(2) the offense is an offense under subsection (a)(4) of this section; or
(3) either—
(A) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or
(B) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.
5) “pattern of racketeering activity” requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity;That is, actually, a kind of statute of limitations. Under RICO, HSI has to show Omar committed two acts of fraud, the last being within the last 10 years. That would be a fraud per (a)(4), above. This is not getting any easier to prosecute, because the fraud (it seems) was committed on her citizenship application. When else did she fraudulently misidentify herself for the purpose of defrauding the government? When she filed to run for office? If they can’t prove at least two acts, one within the last 10 years, they can’t bring a RICO prosecution. So the application error/“fraud” would be over 10 years old, and that is barred by the statute. Pretty sure that’s what they’re looking for.