ICE agents expected to stay out of polling places on Nov. 3
Federal officials say immigration officers will not be present at voting sites, though a small exception applies if a public safety threat emerges.
By Leila Reynolds ·
Voters in the United States face a specific concern before the midterms: whether Immigration and Customs Enforcement officers will be stationed near polling places. The Department of Homeland Security has stated that no ICE presence is planned for election day, clarifying a point that has caused confusion among Latino voters.
A federal law dating back to the end of the Civil War restricts the use of armed forces at voting sites. This rule applies to polling places, counting facilities, and ballot drop boxes. The Brennan Center for Justice notes that ICE has no role in enforcing election laws. Officials argue that the mere presence of immigration agents can intimidate voters and election workers, which is also prohibited.
The debate intensified in February of this year when former White House strategist Steve Bannon suggested ICE would be near the polls. At the time, White House press secretary Karoline Leavitt did not rule out the possibility. Since then, DHS officials have pushed back against the idea. Heather Honey, the DHS undersecretary for election integrity, told state election leaders that any suggestion of ICE at the polls is misinformation. She stated, “no habrá presencia de ICE” at voting locations. Todd Lyons, the former acting ICE director, and Rodney Scott, the CBP commissioner, also told Congress they had no plans to deploy agents to voting sites.
DHS left one exception. The department said it does not plan operations targeting polling places, but officers could make arrests if an active public safety threat endangered a voting site.
In response to these concerns, lawmakers introduced new legislation. Rep. Nikema Williams of Georgia, along with Reps. John B. Larson and Veronica Escobar, proposed the Stop ICE Election Militarization Act. The bill would penalize interference at voting centers. Human Rights Watch has also warned that federal agents near the polls could discourage some people from voting.
Early voting concluded on Friday, October 30. Election Day is Tuesday, November 3. Voters in Georgia must go to their assigned location, not any site in their county. Polls will open from 7 a.m. to 7 p.m. Voters must bring a government-issued photo ID. Ballots returned by mail must arrive before 7 p.m. on November 3. Georgia recorded over 190,000 ballots on the first day of early voting, a record higher than the 2022 total.
Voters who see immigration agents near a polling place should still cast their votes if they are in line when polls close. They should alert an election worker and report the situation to their county election office. The Election Protection hotline is available at 866-687-8683 in English and 888-839-8682 in Spanish.
