Advocacy Groups File Lawsuit to Prevent ICE Presence at Polling Stations

POLICY WIRE — Washington, D.C. — A coalition of advocacy organizations and the city of Denver initiated a preemptive legal challenge on Thursday, aiming to prevent the Trump administration from stationing armed Immigration and Customs Enforcement (ICE) agents at voting locations for the upcoming midterm elections.

The legal filing, submitted to a federal district court in Washington, D.C., requests a formal declaration that any such deployment would be unlawful. Plaintiffs are seeking an injunction to bar federal officers from carrying firearms near polling stations or facilities designated for ballot collection.

The lawsuit argues that the presence of armed officers at voting sites undermines the integrity of the election process. According to the filing, the specter of armed officers at polling places threatens the freedom of this upcoming election and places voters in fear that they will be confronted by armed federal law enforcement if they choose to cast a ballot.

Defendants named in the suit include the Department of Homeland Security (DHS), ICE, and their respective leaders, Markwayne Mullin and David Venturella. The legal action was spearheaded by the liberal-leaning group Democracy Forward on behalf of Common Cause, the League of United Latin American Citizens, UnidosUS, and the city of Denver.

The plaintiffs point to a specific federal statute that criminalizes the oversight or ordering of troops or armed men to any location where a general or special election is occurring, unless the deployment is necessary to repel armed enemies of the United States.

While some prominent figures, including Steve Bannon, have publicly urged ICE to surround the polls, the Trump administration has not confirmed any concrete plans for such deployments. However, officials have stopped short of issuing a categorical denial regarding the potential presence of agents at voting sites.

During a recent press conference in New York City, DHS Secretary Markwayne Mullin stated that ICE is not there to patrol the polling places. He clarified, however, that agents could be present if there is a specific threat to a site or if they are executing a warrant for an individual they have been actively tracking down.

Mullin emphasized that if they are serving a warrant, they will be where they need to be. ICE’s deportation division is primarily tasked with the apprehension and removal of individuals who have violated immigration laws, while its Homeland Security Investigations branch has increasingly been utilized for immigration enforcement and voter fraud inquiries.

Separately, Gen. Dan Caine, the chairman of the Joint Chiefs of Staff, has confirmed that the military has no intention of dispatching troops or National Guard personnel to polling locations.

Reporting by Policy-Wire (PW)