This has been the clear law, and the respected policy of every presidential administration, for over a century.
Ahead of the midterms, top Trump Administration officials have publicly refused to rule out the possibility of sending federal agents to the polls. In September, Department of Homeland Security Secretary Markwayne Mullin claimed that immigration officers could be sent to polling places to “serve a warrant” as part of immigration enforcement operations or if “there is a threat” to those polling places, adding “we’ll be where we need to be.”
Federal Bureau of Investigation Director Kash Patel similarly said, “If there’s a reason to go there because there’s been a violation, we will, otherwise we won’t.”
The only exception to the prohibition is to “repel armed enemies of the United States.” The Congress of 1865 originally included a second exception, allowing armed federal agents to “keep the peace at the polls.” But Congress repealed that exception in 1909 because lawmakers feared that federal authorities could point to any kind of disturbance as a pretext to deploy federal forces.
If sending ICE to the polls is so plainly illegal, then why do top administration officials keep refusing to rule it out? Context is important. The federal government has been conducting indiscriminate and often violent immigration enforcement actions in communities across the country. At the same time, the administration has been peddling conspiracy theories about widespread illegal voting, often targeting communities of color. The administration has redirected thousands of homeland security agents away from critical transnational security threats to hunt for elusive noncitizen voters.
This intimidation campaign is taking a toll. According to a University of California, San Diego poll conducted last month, a staggering 40% of voting-age American citizens expect ICE agents to be at the polls this November. Black, Hispanic, and Asian American voters are three to four times more likely than white voters to worry that they will be questioned by ICE at polls or that members of their racial or ethnic groups will face intimidation at the polls. This fear is real.
Outside court, election officials, state government officials, law enforcement, and voter protection organizations are prepared to respond to any instance of voter intimidation. That includes de-escalation and backup plans, including changing voting sites if needed, to ensure that all Americans can continue to vote safely. Voters are determined and undeterred, as millions so far have already cast their ballots by voting early and by mail.
It is an outrage that the federal government has refused to rule out the idea of federal agents at the polls. In our view, it is part of a campaign to intimidate voters and undermine our elections.
The only way it will succeed is if voters don’t show up.
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