The city of Denver and a coalition of voting rights groups filed a federal lawsuit on Sept. 10 seeking to prevent Immigration and Customs Enforcement (ICE) officers from being stationed at or patrolling polling places during the upcoming midterm elections. The lawsuit, filed in U.S. District Court in Washington, D.C., argues that the presence of armed federal agents at voting sites would violate federal law.
Denver and civil rights groups sue to block ICE at polls
The plaintiffs, which include the League of United Latin American Citizens (LULAC), Common Cause, and UnidosUS, contend that the “troops at polls” law—18 U.S. Code § 592—prohibits federal officers from being present at polling locations unless necessary to repel armed enemies of the United States. The law imposes fines or jail time for violations. The lawsuit states that the “specter of armed officers at polling places threatens the freedom of this upcoming election” and could intimidate voters.
DHS confirms ICE authorization for polling sites
Homeland Security Secretary Markwayne Mullin stated on Sept. 1 that the Department of Homeland Security (DHS) has authorized ICE officers to be present at polling places under certain conditions. Mullin clarified that ICE would only be deployed if there is a threat to a polling site or if the agency is serving an active warrant. He emphasized that “ICE isn’t there to patrol the polling places” and that their presence is not intended to influence elections.
Legal and political responses diverge
The lawsuit alleges that DHS did not consider evidence regarding the potential impact of armed federal agents on election integrity or voter confidence. The plaintiffs argue that the policy could “make it more difficult for state and local officials to conduct elections in a free and fair manner.”
In response, DHS has not issued a formal policy explicitly directing ICE officers to polling sites but has left open the possibility of deployment in response to threats or active warrants. The agency has previously stated that such actions would only occur under “necessary” circumstances, though critics argue the policy lacks clear restrictions.
Federal law and historical context
The legal challenge centers on 18 U.S. Code § 592, which restricts the presence of military or armed federal forces at polling places except in cases of national security threats. The law has been cited in past disputes over federal law enforcement at voting locations, including during the Trump administration, when officials did not rule out deploying ICE officers to polls.
The lawsuit seeks an injunction to prevent ICE officers from being stationed at polling places during the midterms, arguing that their presence would violate voter rights and election integrity. The case is ongoing, with no immediate ruling expected before the November elections.