Democratic lawmakers are launching multiple efforts to block federal agents from being deployed at polling stations in the run-up to the 2026 midterms, citing concerns that the presence of immigration enforcement could intimidate voters.
The Department of Homeland Security has repeatedly maintained that ICE agents will not be stationed at polling locations for the upcoming elections.
Why It Matters
The proposed measures would make it illegal for federal officers, including Immigration and Customs Enforcement (ICE), to interfere at polling places and limit enforcement action.
ICE has faced a wave of backlash over allegations of excessive use of force and claims of misconduct.
What To Know
Rep. April McClain Delaney of Maryland announced in a press release on March 2 that she will introduce the Democracy Without Intimidation Act, a bill aimed at preventing federal law enforcement officers from showing up at polling places.
Federal law already bars the military from election sites and criminalizes attempts to intimidate voters, but no statute explicitly restricts civilian federal agencies, such as ICE, from being present.
The bill would close that gap by making it a crime for senior officials in federal law enforcement agencies to order officers or agents to operate at polling locations, with penalties of up to five years in prison or a fine and a five-year statute of limitations. The legislation has not yet been formally introduced in the House.
Similar legislation, the Stop ICE Election Militarization Act, has been introduced by Reps. John B. Larson of Connecticut, Nikema Williams of Georgia, and Veronica Escobar of Texas.
The bill would criminalize interference at polling places and restrict immigration enforcement in the four weeks leading up to federal elections, except in cases with individualized probable cause or imminent threat.
It comes after Steve Bannon, a former White House adviser to Donald Trump, claimed that ICE agents would be present at polling locations during the November midterm elections. Bannon’s remarks follow comments from President Donald Trump in a podcast interview in which he urged Republicans to “take over” elections in up to 15 states while repeating unfounded claims that widespread fraud cost him the 2020 election.
Republican lawmakers in Congress continue to push for tighter voting requirements nationwide.
Some Republicans have claimed that Democrats could rely on undocumented immigrants to influence elections, though instances of undocumented immigrants voting illegally are extremely rare. GOP lawmakers have introduced the Secure and Accessible Voting Elections (SAVE) Act, aimed at tightening voting rules and preventing what they describe as potential illegal voting.
Homeland Security Secretary Kristi Noem told the Senate Judiciary Committee Tuesday that her agency currently has “no plans” to station immigration officers at polling sites this November, but she stopped short of completely ruling out the possibility.
Senator Chris Coons, a Delaware Democrat, pressed Noem about statements from Bannon suggesting federal immigration agents could be deployed to polling places. Coons asked directly whether ICE or CBP officers would be sent to polling locations this year.
“Will you rule out the deployment of ICE or CBP to polling places this November?” Coons said.
“There are no plans to have ICE officers at our polling locations,” Noem replied.
Coons pressed Noem to give a clear assurance that federal officers would not be sent to polling sites.
“Do you plan on illegal aliens voting in our elections?” Noem said in response before repeating her stance that there are currently “no plans” for such deployments.
What People Are Saying
McClain Delaney said in a press release: “As many Americans head to the polls today, don’t forget President Trump wants ICE and federal officers at polling sites to intimidate voters. That’s fascism. I’m introducing the Democracy Without Intimidation Act to stop these actions so that all citizens can vote—not just ones MAGA approves of. Trump wants to suppress votes at the ballot box and my legislation would stop him from eroding our democracy.”
“Donald Trump and his administration have made clear their intention to interfere with the midterms,” Congresswoman Escobar said in a press release. His effort began when he called the Texas Governor and Attorney General, asking for five more Republican seats which set off Texas’ aggressive gerrymandering. Kristi Noem has announced that she will do everything possible to ensure the ‘right people voting, electing the right leaders.’
“And Steve Bannon announced that the administration would be sending ICE agents to polling locations in November. This is already occurred in California during the Prop 50 election. It’s a troubling pattern of using government power to suppress voter turnout, diminish certain voices, and threaten our democracy. That is why introducing the Stop ICE Militarization Act is necessary to draw a clear line between immigration enforcement and the electoral process, ensuring that federal agents are never used to intimidate voters or influence election outcomes.”
A DHS official told Newsweek: “ICE is not planning operations targeting polling locations. ICE conducts intelligence-driven targeted enforcement, and if an active public safety threat endangered a polling location, they may be arrested as a result of that targeted enforcement action.”
Steve Bannon, a former White House adviser, said on his War Room podcast in February: “You’re damn right we’re gonna have ICE surround the polls come November. We’re not gonna sit here and allow you to steal the country again. And you can whine and cry and throw your toys out of the pram all you want, but we will never again allow an election to be stolen.”
What Happens Next
Both the Democracy Without Intimidation Act and the Stop ICE Election Militarization Act face slim odds in the GOP-controlled Congress, where Republican lawmakers are unlikely to support restrictions on federal law enforcement
