特朗普政府最近试图对众议员伊尔汉·奥马尔采取法律行动，甚至可能试图以涉嫌移民欺诈的罪名剥夺她的公民身份。然而，据一位前联邦检察官称，这种刑事调查不太可能取得总统期望的结果。
The Trump administration's recent effort to bring the law down on Rep. Ilhan Omar could go as far as seeking to strip the Minnesota congresswoman of her citizenship for alleged immigration fraud. But a criminal investigation is unlikely to yield results the president wants, according to a former federal prosecutor.
移民律师迈克尔·怀尔德斯告诉福克斯新闻数字频道（Fox News Digital），在白宫边境事务负责人汤姆·霍曼确认国土安全部（DHS）正在对奥马尔展开“刑事”调查后，调查人员要构建针对她的证据难度非常大。
Michael Wildes, an immigration attorney, told Fox News Digital that investigators face a "very high bar" to build a case against Omar after White House border czar Tom Homan confirmed the Department of Homeland Security (DHS) is conducting a "criminal" investigation against the progressive squad member.
这一切都源于一些指控，称奥马尔通过与自己的兄弟结婚来获得美国公民身份，但她多次否认这些指控。
It all stems from claims that Omar married her brother to gain U.S. citizenship, which she has repeatedly denied.
唐纳德·特朗普总统与奥马尔之间存在长期矛盾——这种矛盾可以追溯到她首次当选的时候；她很快成为了国会中特朗普最直言不讳的批评者之一。特朗普多次要求将奥马尔驱逐回索马里，理由是她涉嫌从事欺诈行为。
President Donald Trump has a longstanding feud with Omar going back to when she was first elected in the middle of his first term, and quickly became one of his most vocal critics in Congress. Trump has repeatedly called for Omar to be sent back to Somalia because of her alleged fraudulent activity.
特朗普政府继续加大力度，试图剥夺那些被指控从事移民欺诈行为的个人的公民身份并将其驱逐出境。今年早些时候，副总统杰德·万斯（JD Vance）还表示，司法部正在调查奥马尔涉嫌的欺诈和移民违规行为。
The Trump administration continues to ramp up efforts to denaturalize and deport individuals accused of immigration fraud. And Vice President JD Vance claimed earlier this year that the Department of Justice is investigating Omar for alleged fraud and immigration violations.
不过，对于针对这位出生于索马里的议员的潜在起诉和剥夺公民身份程序的具体要求，仍存在许多疑问。
But questions remain over what a potential prosecution and denaturalization case against the Somali-born lawmaker would require.
怀尔德斯指出，调查人员必须证明奥马尔是明知自己与某人（批评者认为那是她的兄弟）结婚，且其唯一目的就是为了规避美国移民法律。
Wildes said that investigators would need to prove beyond reasonable doubt that Omar knowingly entered her marriage — to a man critics allege is her brother — for the sole purpose of evading U.S. immigration laws.
司法部着手剥夺17名涉嫌隐瞒犯罪行为的个人的公民身份“要成功立案指控婚姻欺诈，政府必须证明被告是明知自己与对方结婚，且其主要目的就是为了规避移民法律并获取某种利益，”怀尔德斯说。
DOJ MOVES TO STRIP CITIZENSHIP FROM 17 PEOPLE ACCUSED OF HIDING DISTURBING CRIMES "In order to establish a successful marriage fraud case, the government would have to prove beyond a reasonable doubt… that the defendant knowingly entered into a marriage with the primary purpose to evade immigration laws and get a benefit," Wildes said.
威尔德斯指出，即使奥马尔和她的丈夫艾哈迈德·努尔·赛义德·埃尔米在结婚后决定，他们的婚姻关系可能是埃尔米快速通过美国移民程序的一种手段，但这在法庭上也不会被视为婚姻欺诈。
Wildes noted that even if Omar and her husband, Ahmed Nur Said Elmi, decided after getting married that their partnership could be a scheme for Elmi to fast pass America’s immigration process, this would not be considered marriage fraud in court.
他继续说道：“这些门槛和标准非常高，他们必须克服这些障碍。移民福利不能是婚姻的副产品或次要考虑因素。这并不被视为非法。”如果提交了证据证明奥马尔和埃尔米犯有婚姻欺诈罪，这位明尼苏达州的民主党人可能面临最高五年的监禁、最高25万美元的罚款，或两者并罚。
He continued, "Those are very high bars and thresholds that they would have to surmount. The immigration benefit cannot be a byproduct, or secondary consideration. This is not deemed to be illegal." If evidence was presented to prove Omar and Elmi committed marriage fraud, the Minnesota Democrat could face up to five years in jail, a maximum fine of $250,000, or both.
威尔德斯还指出，存在可能阻碍潜在起诉的诉讼时效，这使得以婚姻欺诈罪起诉奥马尔变得更加困难，因为那段婚姻发生在2009年。但奥马尔仍有可能被剥夺国籍，霍曼在讨论针对这位女议员的调查时，将其描述为一个“非常严肃的过程”。
Wildes also pointed out that there are statutes of limitation that could hinder a potential prosecution and make it more difficult to prosecute Omar for marriage fraud, as that marriage was in 2009. But there is still a pathway for Omar to be denaturalized, which Homan described as a "very serious process" while discussing the investigation into the congresswoman.
“问题在于：他们是否有事实依据，以及这样做是否正确？”威尔德斯说。
"The question is: Do they have it factually, and is it the right thing to do?" Wildes said.
“问题在于是否存在非故意的疏忽，以及剥夺某人的国籍是否反应过度，”他说。“我们谈论的是取消一项福利，然后将他们驱逐出美国。”前美国公民及移民服务局官员及同谋因涉嫌96万美元的公民身份贿赂计划被起诉。奥马尔若要被剥夺国籍，该过程必须与她2000年获得公民身份时伪造信息的指控有关。奥马尔声称，由于她在父亲入籍时未成年，因此获得了自动公民身份。
"The question is whether or not inadvertences were made not purposefully and whether or not it's over the top to then denaturalize somebody," he said. "We're talking about taking away a benefit and then banishing them from the United States." FORMER USCIS OFFICIAL, ACCOMPLICE CHARGED IN ALLEGED $960K CITIZENSHIP BRIBERY SCHEME For Omar to be denaturalized, the process would have to be related to allegations that she falsified information when obtaining her own citizenship in 2000. Omar claims she was granted automatic citizenship because she was a minor when her father was naturalized.
国会记录显示，奥马尔在17岁时成为公民，但自从明尼苏达州前国会候选人AJ·克恩指控奥马尔在明尼苏达州立法参考图书馆网站上的出生年份被修改后，关于她入籍时年龄更大的猜测便开始了。
Congressional records state Omar became a citizen at age 17, but speculation that she was older at the time of her naturalization began after former Minnesota congressional candidate AJ Kern accused Omar’s birth year of being revised on the Minnesota Legislative Reference Library website.
这引发了社交媒体上的指控，称她当时并非未成年人。如果这一说法被证实，可能会导致她被剥夺入籍资格。即使是她的父亲在公民身份申请文件中撒了谎，这也可能导致奥马尔被剥夺公民身份。
This caused allegations to circulate on social media that she was not a minor at the time, which if ever proven true, could lead to her denaturalization. Even if her father lied in his citizenship paperwork, this could also potentially lead to Omar being stripped of her citizenship.
怀尔德斯还解释说，政府在处理剥夺入籍资格的案件时会采取“个案处理”的方式。他还指出，蓄意撒谎与无心之失在法律层面上的意义截然不同。
Wildes also explained that the government makes a "case-by-case" decision when it comes to pursuing denaturalization cases. He also pointed out the relevancy of an intentional lie as opposed to a mistake.
“如果政府要以文件欺诈罪起诉，我们还需要了解她当时是否有律师代理，以及申请表上是否存在可能被视为欺诈的简单错误或疏忽，”怀尔德斯说。
"If the government were to prosecute for document fraud, we would also want to know whether or not she was represented by counsel, and if there were simple mistakes on her application or inadvertences that may be deemed to be fraudulent," Wildes said.
“这些事情是否属实、是否仅为假设，或者能否有事实依据，将在起诉过程中起到关键作用。”霍曼没有回答联邦政府是否掌握了奥马尔犯有婚姻或移民欺诈的证据，同时也拒绝详细说明国土安全部具体在调查奥马尔的什么问题。
"Whether or not [these] things are truthful, hypothesized, or can be backed up in fact, will play heavily in that prosecution." Homan didn't answer whether the federal government has evidence that Omar committed either marriage or immigration fraud, while also declining to go into detail into what particularly DHS is investigating Omar for.
奥马尔上周对福克斯新闻数字频道表示，她没有收到国土安全部的联系，也不知道有任何针对她婚姻或移民身份的调查。她说她并不担心，因为“右翼总是搞这些烂事”。“小分队”民主党人驳斥了关于欺诈调查的猜测，此前其净资产缩水2900万美元。但怀尔德斯表示，她不知道自己正在接受调查并不罕见，这也不会使霍曼关于针对她进行“刑事”调查的确认失效。
Omar told Fox News Digital just last week that she has not been contacted by DHS or made aware of any ongoing investigation into her marriage or immigration status, saying she isn’t worried about it because "the right wing always had this s --- going." 'SQUAD' DEM DISMISSES FRAUD PROBE SPECULATION AFTER $29M NET-WORTH DROP But Wildes said her being unaware that she is being investigated is not unusual and doesn’t invalidate Homan’s confirmation of a "criminal" investigation against her.
“这位女议员不知情并不能改变任何事实，”怀尔德斯说。“政府没有义务亮出底牌，他们会希望确保自己拥有充分的起诉依据，并且考虑到此案所涉及的政治因素，他们也不会在过渡期间泄露任何信息。”
"The Congresswoman's not being aware doesn't change anything," Wildes said. "There is no obligation for the government to show their hand and they're going to want to make sure that they have a good prosecution and they don't give anything up in the interim because of the politics that this presents as well."
“我没有看到任何我认为值得起诉的内容，”怀尔德斯说。“这是一位国会议员。这可能不符合你的政治立场，但我们也必须确保我们的起诉是正当的，而不是轻率的。” 奥马尔和国土安全部均未回应福克斯新闻数字频道的置评请求。
"I haven't seen anything that I think is worthy of a prosecution," Wildes said. "This is a member of Congress. It may not be your politics, but we have to also make sure that we engage in prosecutions properly and not frivolously. " Neither Omar nor DHS responded to Fox News Digital’s requests for comment.