Voting Without Fear

Free and fair elections depend on every eligible voter being able to cast a ballot without fear or intimidation. Yet, ahead of the midterm elections, the Trump Administration and its allies have made statements that have raised concerns that federal agents, including Immigration and Customs Enforcement (ICE) agents, could be deployed in ways that discourage participation.

While those concerns are serious, voters should know that: (1) they still have the right to cast a ballot; (2) election officials are preparing for these scenarios; and (3) federal law — based on the Constitution itself — places important limits on federal law enforcement presence, particularly activity that could interfere with election administration or intimidate voters.

The administration’s threats of federal agents at the polls are not happening in a vacuum. They follow years of false, debunked claims about noncitizen voting that, as part of President Trump’s election takeover playbook, have repeatedly been used to justify efforts to expand federal influence over elections. In reality, noncitizen voting is already illegal and extremely rare, while research shows that state voter rolls are up to date and accurately reflect the voting population.

These tactics have deepened many states’ mistrust toward the Trump administration, as they have been the target of his aggressive immigration tactics and National Guard deployment, while threatened with military deployments and deep cuts in federal funding. Their concerns were heightened after the President suggested that Republicans should nationalize U.S. elections, despite the Constitution’s clear assignment of election administration to the states.

The Right to Cast a Ballot 

Federal law already prohibits the deployment of armed federal forces to election locations unless “necessary to repel armed enemies of the United States.” However, election officials, voting rights advocates, constitutional scholars, and members of Congress have raised concerns that the Trump administration could attempt to invoke a national emergency or execute some other deployment of federal agents or military troops to interfere with elections and intimidate voters. Whether federal immigration agents should ever be present at polling locations is ultimately a question Congress answers through law—not one left to shifting executive policy or actions from administration to administration.

Federal agents at the polls are no longer mere speculation. On June 25, 2026, two ICE agents confronted a poll worker at a voting site in Syracuse, New York, while voting was taking place in their primary elections. The poll worker received a notice that she might have violated federal law due to a social media post where she posted a picture of an ICE officer in connection with Minneapolis anti-ICE demonstrations.

Meanwhile, in July, ICE lawyers told a federal court that the agency may have over 11,000 pages of documents relevant to the Democratic National Committee’s (DNC) Freedom of Information Act (FOIA) request about potential plans to deploy immigration agents at the polls during the midterm elections. This is a stark contrast to earlier comments from the agency claiming it had “found no responsive records.” The ICE lawyers’ July admissions track with Secretary of Homeland Security Markwayne Mullin’s statements on ICE’s possible presence at polling places if “there is a threat to that polling place or we’re serving a warrant on someone that we have been tracking down.” Despite referencing the trove of information, ICE has yet to release or hand over any documents, creating further uncertainty that seems aimed at confusing and intimidating voters.

Election Officials’ Preparation

Some states find themselves between a rock and a hard place. On one hand, federal law prohibits these behaviors, but on the other hand, the administration has signaled the possibility of armed forces at the polls. Because of this, states and even members of Congress are introducing measures to prohibit this conduct and prevent voter intimidation efforts. Statutory guardrails provide certainty for election officials, federal agencies, and voters alike. Unlike executive policies, they remain in place regardless of who occupies the White House. Several have introduced bills to prohibit intimidation efforts. New Mexico was the first jurisdiction to bar armed agents from polling locations in response to threats of federal immigration officers patrolling polling sites. Other states have since signed similar laws to restrict ICE conduct: California, Connecticut, Illinois, Maryland, New York, Oregon, Rhode Island, and Virginia. More states are considering legislation; however, these are unlikely to be implemented before midterms.

At the federal level, Congress has two main ways to further restrict these deployments: requiring lawmakers’ approval before agents can be sent to polling places, and creating criminal or civil penalties for agencies that don’t comply. Democrats have introduced several bills that take one approach or the other – or both:

• Rep. Delaney (D-MD) introduced the Democracy Without Intimidation Act to prohibit senior executives or political appointees of federal law enforcement agencies from deploying officers or agents to polling places, including ICE agents.
• Three congressional Democratic members introduced the Stop ICE Election Militarization Act, which prevents immigration enforcement entities, including ICE, from being deployed at polling places and creates criminal penalties for officers who violate the law.
• Sen. Slotkin (D-MI) introduced the Protect Our Polls Act to require explicit Congressional approval before deploying uniformed military or federal law enforcement, including ICE,  to polling stations.
• Senator Blumenthal (D-CT) introduced the Protecting Sensitive Locations Act to limit immigration enforcement agents and actions within at least 1,000 feet of ‘sensitive locations’,  which include a polling location or any building where voting takes place during an election.
• Senator Padilla (D-CA) introduced the Stop Harassment and Intimidation in Elections through Legal Defenses (SHIELD) Our Elections Act to create a private right of action for State Attorney Generals and voters to enforce federal anti-interference laws, which prohibit federal civil and military personnel from placing troops at polling locations to interfere with voting or intimidate voters.

None of these bills has come to a floor vote, and all have Democratic sponsors — with Republican leadership blocking these protections from even reaching a vote.

Constitutional Limits on Federal Law Enforcement at Polls

Article I of the Constitution gives Congress authority to regulate the ‘Times, Places, and Manner’ of federal elections, but that power belongs to the legislature, not the executive. That authority includes Congress’s ability to establish clear rules governing federal involvement in elections, including when federal law enforcement may operate near polling places, to protect voters’ right to exercise their suffrage right without intimidation.

The right to vote is protected by law, and no federal agency is above those legal protections. If ICE agents show up at or near a polling place, report it to local officials immediately. That’s why organizers in Arizona and other states are training hundreds of election observers to monitor primaries and the midterm elections.

Free and fair elections depend on clear rules that transcend administrations. The legal protections in place — from constitutional limits on federal deployment to statutory bans on interference at the polls — are strong. Congress should exercise the constitutional authority it already holds, through both legislation and oversight, and the executive branch should respect those limits rather than test them, so that no voter, election worker, or federal agency is left navigating uncertainty on Election Day.

What To Do If You See ICE at Your Polling Station

If you see ICE agents near or at your polling station, report any intimidation to the Election Protection Hotline at 1-866-OUR-VOTE, 1-888-VE-Y-VOTA (Español/English), 888-API-VOTE (Asian languages/English), 844-YALLA-US (Arabic/English). In addition, you can report intimidation to your local election officials.

Democracy doesn’t defend itself. If you want to get more involved, use our election toolkit and help secure free and fair elections.