The city of Denver and a coalition of civil rights groups filed a federal lawsuit on September 10, 2026, to block the Trump administration from deploying armed ICE agents to polling places during the November midterm elections. The plaintiffs argue that the policy violates a Civil War-era law prohibiting armed federal forces at election sites. While DHS Secretary Markwayne Mullin maintains agents would only serve active warrants or address threats, critics condemn the policy as voter suppression.
Denver lawsuit against ICE
- ▪The city of Denver, along with the League of United Latin American Citizens, Common Cause, and UnidosUS, filed a lawsuit on September 10, 2026, in the U.S. District Court for the District of Columbia.
- ▪The lawsuit filed on September 10, 2026, names the Department of Homeland Security, Immigration and Customs Enforcement, DHS Secretary Markwayne Mullin, and ICE leader David Venturella as defendants.
- ▪The lawsuit filed on September 10, 2026, asks the federal court to declare plans for armed agents at polling places unlawful and prohibit federal officers from carrying weapons near voting locations.
- ▪The legal group Democracy Forward filed the September 10, 2026, lawsuit on behalf of Denver and advocacy groups to block armed federal agents from polling sites.
Civil War troops law
- ▪Under 18 U.S. Code § 592, federal officials are prohibited from sending 'troops or armed men' to election sites unless needed to repel 'armed enemies of the United States.'
- ▪The 'troops at polls' law, 18 U.S. Code § 592, established during the Civil War, imposes fines and potential jail time for federal officers who violate its provisions.
- ▪The lawsuit filed on September 10, 2026, argues that deploying armed ICE agents to polling places violates 18 U.S. Code § 592, a Civil War-era federal law.
Armed agents at polls
- ▪DHS Secretary Markwayne Mullin stated on September 1, 2026, that ICE agents could be at polling places if there is a threat or if they are serving an active warrant.
- ▪The Department of Justice deployed poll monitors in Rhode Island during its primary election on September 9, 2026, and plans to deploy monitors nationwide in November 2026.
- ▪Federal agents have reportedly been present at polling places in New York, California, and Texas during primary elections leading up to the November 2026 midterms.
- ▪Gen. Dan Caine, chairman of the Joint Chiefs of Staff, stated that the U.S. military has no plans to dispatch troops or National Guard soldiers to polling places.
Voter intimidation concerns
- ▪The plaintiffs in the September 10, 2026, lawsuit cited the January 2026 deaths of U.S. citizens Renee Good and Alex Pretti in separate incidents involving immigration officers.
- ▪The September 10, 2026, lawsuit argues that the presence of armed federal officers at polling places creates a chilling effect and makes voting locations spaces of confrontation.
- ▪Denver Mayor Mike Johnston and UnidosUS President Janet Murguía stated that stationing ICE officers near voting sites is intended to scare voters and suppress votes.
- ▪The plaintiffs in the September 10, 2026, lawsuit cited a ProPublica report alleging ICE detained more than 170 U.S. citizens during the first nine months of President Trump's second term.
Trump midterm election control
- ▪The Trump administration is pursuing restrictions on mail-in voting and creating voter lists alongside proposed ICE security measures ahead of the November 2026 midterm elections.
- ▪Political commentator Steve Bannon and other figures have publicly called on ICE to 'surround the polls' ahead of the November 2026 midterm elections.
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