Brennan Center for Justice explainer on sending ICE to polling places
Brennan Center for JusticePublisher of an explainer by Jasleen Singh and Kendall Verhovek
The Brennan Center for Justice said in an explainer that sending ICE or any other armed federal agents to polling places is illegal under federal and state law, and that ICE has no reason to be at or near the polls. It said even their presence near polling places can intimidate voters or election administrators.
“Sending ICE or any other armed federal agents to the polls is illegal because federal law bans federal officers from interfering in elections. It’s also illegal because federal law bans troops and armed federal agents from being deployed anywhere an “election is held.” While that law was passed in 1865, surely in today’s elections, that means wherever votes are cast and counted, including, polling places, vote-counting facilities, and drop boxes. And any kind of voter intimidation, including by federal agents, is illegal under both federal and state law regardless of where it happens. ICE has no reason to be at or near the polls. ICE is part of the Department of Homeland Security, which has no role in enforcing election laws. Given ICE agents’ extreme actions in Minneapolis and elsewhere, even their presence at or near the polls can intimidate voters or anyone administering an election, which is illegal.”
Analysis
Where this statement fits
Should ICE and other armed federal agents be allowed at or near polling places in the 2026 election?
Since February 2026, federal officials have given differing answers about whether ICE and other armed federal agents could be at or near polling places during the November 3 election. On September 1, Homeland Security Secretary Markwayne Mullin said ICE would be at a polling place only if there is a threat to it or agents are serving a warrant, and DHS told Politico that ICE is not planning operations targeting polling locations but that arrests could result if an active public safety threat endangered one. On September 10, 18 and 23, 2026, LULAC and other groups, a coalition including the NAACP, and Democratic leaders and party committees sued separately in federal court in Washington. They allege that the administration's statements and actions violate 18 U.S.C. 592, Section 11(b) of the Voting Rights Act, or both. As of September 25, the court dockets show no motion for a preliminary injunction and no answer or motion to dismiss from the federal defendants, and no court has ruled.
Source and context
Analysis
About this source
Question-and-answer explainer published by the Brennan Center for Justice on March 31, 2026 and updated in July 2026. It addresses whether ICE or other armed federal agents may be sent to or near polling places.
Archived copy (opens in a new tab)Before the quotation
The explainer says Steve Bannon had said deploying ICE agents to airports is "perfect training for the fall of 2026," and that Markwayne Mullin said at his confirmation hearing to lead the Department of Homeland Security that ICE could be sent to polling places in the event of a "specific threat." It says the White House and a top DHS official had previously said there were no plans to send ICE agents to polling sites.
After the quotation
The explainer also says state and local election officials have primary responsibility for the safety of polling places. It points to a Brennan Center model bill under which states could set criminal penalties for federal forces that interfere in elections or intimidate voters.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case records responses to the administration's stated or threatened use of ICE and other armed federal agents at or near polling places. The Brennan Center said sending ICE or any other armed federal agents to the polls is illegal and that ICE has no reason to be at or near them. That expressly rejects the practice, so we labeled it Condemned.
- Recorded on
- Published here
- People and groups discussed
- U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security
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“There’s a lot of fear that the 2026 midterm elections will be disrupted by some authority, either federal or local, harassing and intimidating voters, seizing ballots, or closing polling places. That fear, so far, appears unfounded.”Read statement
Letitia James says armed federal agents are not allowed at New York polls
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Trueblood says uniformed federal observers can intimidate voters
“You standing there in your FBI vest is intimidating to voters, and so we’re not going to allow that,”Read statement
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The Dispute Index. "Brennan Center for Justice explainer on sending ICE to polling places". First published: 2026-09-26. Last updated: 2026-09-26. https://disputeindex.com/events/2833-the-brennan-center-for-justice-said-in-an