Sending ICE agents to polling places is illegal

Automatically translated from Spanish. Read the original in Spanish

By Jasleen Singh and Kendall Verhovek of the Brennan Center, an institutional partner of Factchequeado

In the lead-up to the 2026 midterm elections, allies of the Donald Trump administration have raised the possibility that federal immigration agents could interfere at polling places this fall, a situation that would violate federal and state laws.

Steve Bannon, a longtime loyal supporter of Trump, said in March 2026 that deploying Immigration and Customs Enforcement (ICE) agents at airports is the “perfect training for the fall of 2026.”

Senator Markwayne Mullin of Oklahoma stated during his confirmation hearing to lead the Department of Homeland Security (DHS) that ICE could be sent to polling places in the event of a “specific threat.”

The White House and a senior DHS official previously stated that there are no plans to deploy ICE agents to polling places. Those statements, however, do little to appease concerns that such persistent calls intimidate the electorate and deter voter turnout.

Part of the push to deploy ICE agents to polling places stems from the Trump administration’s insistence, without evidence, that multitudes of noncitizens are voting. Noncitizen voting is illegal and extremely rare. Furthermore, states already implement multiple checks that ensure only United States citizens vote.

Below is what we know about why deploying ICE agents or other armed federal troops to polling places is illegal and what voters and election officials can do if the Trump administration attempts to send agents anyway.

Can the president send ICE agents to polling places?

No. Elections are special. There are specific federal and state laws that make these types of actions illegal.

Sending ICE or other armed federal agents to the polls is illegal because federal laws prohibit federal officers from interfering in elections. It is also illegal because a federal law prohibits troops and armed federal agents from being deployed anywhere “where an election is being held.”

Although that law (18 U.S.C. § 592) was passed in 1865, in today’s elections this applies to places where votes are being cast and counted, including polling places, vote-counting facilities, and ballot drop boxes. And any type of voter intimidation, including by federal agents, is illegal under federal and state law, no matter where it happens.

Can ICE agents be near polling centers if they stay outside?

ICE has no reason to be at or near the polls. ICE is part of the Department of Homeland Security, which plays no role in enforcing election laws.

Given the extreme actions of ICE agents in Minneapolis in January 2026 and elsewhere, their mere presence at or near polling places can intimidate voters or anyone administering the elections, which is illegal.

Shouldn’t the police be able to respond if there is some type of threat of violence at a polling place?

It is state and local election officials who administer elections and have the primary responsibility for ensuring security at polling places.

The presence of police at the polls can be intimidating, so election authorities work hand-in-hand with state and local police to ensure they are prepared to respond appropriately in the event of an emergency, without needing to cause intimidation.

On rare occasions, it might be useful to have the support of federal law enforcement, but only if they are working in conjunction with local police forces, and not through an armed deployment at polling centers. In fact, federal law prohibiting the presence of armed federal agents at polling places has been in effect since the Civil War. There is no circumstance under which it makes sense to involve immigration agents.

What can voters do if ICE agents arrive at their polling place?

If any voter, election official, or poll worker is intimidated during the elections, they can go to court to protect their rights. Courts have processes to rule quickly and prevent disruptions to elections or voter intimidation.

Voters should report the presence of ICE agents to their local police officers. They can also call or text 866-OUR-VOTE (866–687–8683) if they have any problems voting or any questions about how to vote.

Citizens should also check their voter registration status now, learn about their options for voting well before the election, and make a plan to vote early according to the method they choose (whether voting in person, using a mail-in ballot, or at a ballot drop box where available).

What can election authorities do?

Election authorities constantly strive to ensure that elections are free, fair, secure, and accurate, as well as to ensure that every eligible voter can vote without being intimidated.

Prior to the midterm elections, this preparation involves coordinating with local police and county prosecutors, as well as conducting drills to practice how to respond in the event that ICE agents are sent to polling places.

Election authorities can also reach out to local community groups, organizations that promote voter turnout, and the people who manage schools, libraries, and other polling centers to discuss how to help the community feel safe.

Translation by Laura Gómez.

This article was originally published by Brennan Center en Español, a Factchequeado partner media outlet. Join us and verify the content you receive by sending it to our WhatsApp at +16468736087 or at factchequeado.com/whatsapp.