As the Brennan Center for Justice's Sean Morales-Doyle has written, “The law is crystal clear: It is illegal to deploy federal troops or armed federal law enforcement to any polling place.” Dale Ho, then-director of the American Civil Liberties Union's Voting Rights Project, similarly stated, “There's no law that I'm aware of that permits, or that would authorize, the president to deploy federal law enforcement or military or anything like that for domestic use in … or around polling places.”

Experts explain that stationing federal law enforcement at polling sites risks intimidating voters out of casting their ballots. The ACLU noted that the mere presence of federal immigration agents at polling places could qualify as illegal voter intimidation, with its report listing “the deployment of federal immigration agents or federalized National Guard in or around polling places in targeted communities during early voting or on Election Day to try to suppress voting” as an example of “illegal voter intimidation.” The ACLU also specifically cites “aggressively questioning voters about their citizenship, criminal record, or other qualifications to vote” as another example of illegal voter intimidation.

Ahead of the midterm elections, several lawsuits have already been filed to block federal agents from interfering at the polls, including one from a coalition of civil rights groups and unions. The Brennan Center also noted that any individual can sue under the Voting Rights Act if they are “intimidated from voting by the presence of ICE agents or soldiers.”

For months, former Trump White House aide Steve Bannon has been a prominent voice supporting the deployment of federal agents to polling stations, regularly advocating on his show for ICE to be present at polling stations.

• Bannon said ICE officers will be near polling places: “If you don't have an ID — if you're not a citizen — you're not voting.” [Real America’s Voice, War Room, 8/19/25]
• While interviewing former Trump Department of Homeland Security adviser Todd Bensman, Bannon stated, “I think ICE agents belong at polling places.” Bannon dismissed fears of voter intimidation, stating, “It's intimidation. It should be intimidating to noncitizens. Yes, we want it to be intimidating to noncitizens. You should not go to a polling place.” [Real America’s Voice, War Room, 8/13/26]
• Bannon called it a “minimum requirement” for ICE to be present at polling stations. [Real America's Voice, War Room, 7/17/26]
• Bannon said that stationing ICE at airports can be “a test case … to really perfect ICE's involvement in the 2026 midterm elections.” Bannon added, “They can’t work the machines, you know what they’ll do? Just walk up and down, hey, we're going to speed things through — can we check your IDs? That’s what’s going to happen in the fall of ’26 because, folks, we’re tired of having elections stolen.” [Real America’s Voice, War Room, 3/23/26]
• Bannon stated, “And I'm saying you're going to have ICE agents around the polls to make sure you can't have illegal aliens in there voting.” [Real America’s Voice, War Room, 2/19/26]
• Bannon also said in February, “You’re damn right we’re going to have ICE surround the polls come November.” [Real America’s Voice, War Room, 2/3/26]

• Article III Project founder Mike Davis: “I would have ICE agents and other federal law enforcement at every polling place across America. And that should only scare away noncitizens.” [Real America's Voice, War Room, 9/1/26]
• Podcaster Tim Pool stated that, “at the bare minimum,” he expects federal law enforcement to be present at polling locations in states that do not cooperate with DHS. He said, “This press conference had me expecting, OK, Trump made the announcement. Markwayne Mullin, DHS, they're going to come out and they're going to say, here's what we intend to do. I mean, at the bare minimum, we expect something like we will have federal law enforcement agency at polling locations in states that do not cooperate.” [Rumble, Tim Pool Daily Show, 7/17/26]
• The Daily Wire’s Ben Shapiro: “Making sure illegal immigrants do not show up at polling sites is not a horrible use of ICE.” [The Daily Wire, The Ben Shapiro Show, 3/24/26]
• Podcaster Benny Johnson: “Can we deploy ICE to every voting booth in America? Would that fix the fraud? Of course, it would.” Johnson continued, “Why are we even talking about the SAVE Act? You don't need the SAVE Act if you don't have a nation overrun with criminal aliens.” [YouTube, The Benny Show, 3/24/26]
• On X22 Report, the host declared that ICE and the National Guard can “absolutely” “assist with helping in the elections.” [Rumble, X22 Report, 3/24/26; X22 Report, accessed 9/24/26]
• Fox’s Jesse Watters argued for ICE to be at polling locations. Watters said, “Well, one of the demands, they say no ICE agents can be at a polling station. What's the trouble with that, Jessica? What's the problem? If illegals aren't voting, why can't ICE agents be at a polling station?” [Fox News, The Five, 3/23/26]
• X22 Report’s host also argued that “if you pre-position ICE in certain areas around the country, maybe with the National Guard, that makes it a lot more difficult for the illegals to actually vote in the election.” He added that lawsuits preemptively filed over potential ICE deployments to polling locations were an attempt “to find out if ICE is going to be at the voting centers.” [Rumble, X22 Report, 3/3/26]
• During an appearance on Newsmax, radio host Tony Katz questioned, “Why aren’t ICE agents at polling places? Why aren't we ensuring that Americans vote?” [Newsmax, Carl Higbie Frontline, 3/3/26]
• The Gateway Pundit wrote in a blog that any concern from Democrats about voter intimidation because of ICE presence “only makes sense if illegal aliens are, in fact, showing up to vote.” The blog, which also shares Bannon’s call for ICE to “surround the polls,” states, “Democrats will inevitably argue that ICE’s presence at the polls constitutes voter intimidation, but that concern only makes sense if illegal aliens are, in fact, showing up to vote.” [The Gateway Pundit, 2/4/26]
• Newsmax host Carl Higbie said, “ICE at polling places shouldn’t be a problem because illegals shouldn’t be voting in our elections.” [Newsmax, Carl Higbie Frontline, 2/2/26]

• In response to host Alex Jones asking what “martial law after the election” would look like, attorney Peter Ticktin said “it would be the FBI probably going out and seizing the machines where there’s a good reason to suspect that the vote was not a real vote.” He further explained, “Let the machines do the count, but before the count — but then let us commandeer and get the ballots. If we have the ballots, we can count them ourselves. You know, there’s ways we can do it, and it would be done after the election, but before certification.” Earlier in the episode, Ticktin claimed Trump's “going to seize the machines. … If it’s stolen from us because of their machines, we’ll be — then he’s going to have to declare martial law.” [Alex Jones Live, The Alex Jones Show, 9/29/26, 9/29/26]
• Mark Cook, described by Colorado Newsline as one “of the most influential election deniers in Colorado,” said during an interview with podcaster David Nino Rodriguez that “if the military shows up to ensure that the people can run their own election unfettered, I’m all for that.” He stated, “What really needs to happen is the people that have been manipulating elections, that have stolen the elections from the people and have blocked the people away from having oversight in their own elections, we need someone to hold them back so citizens can have the oversight necessary to conduct their own elections and ensure and verify the integrity of the vote. So if the military shows up to ensure that the people can run their own election unfettered, I'm all for that. Bring them.” [Rumble, 2/19/26; Colorado Newsline, 6/18/24]
• On Brighteon Broadcast News, host Mike Adams argued, “We need the military to count the votes, especially in the blue cities, because you can’t trust Democrats.” While speculating about a potential “armed uprising” from the left, Adams added, “I think Trump actually sort of tactically needs that to happen in order to declare the emergency and deploy the troops before Election Day.” [Natural News, Brighteon Broadcast News, 1/14/26; Media Matters, 4/2/18]
• On Health Ranger Report two days later, Adams repeated his call to “have the military count the votes.” He argued, “You have to have a national emergency to where you deploy the military, especially in blue cities,” in order to count the votes. [Natural News, Health Ranger Report, 1/16/26]

The Department of Homeland Security has offered mixed messaging on the potential for sending ICE officers to polling locations. In February, DHS Deputy Assistant Secretary for Election Integrity Heather Honey — whom ProPublica has described as “a protege of Cleta Mitchell, a lawyer who tried to help Trump overturn the 2020 election results” — reportedly told a group of secretaries of state that “any suggestion that ICE will be present at any polling location is simply not true.” But Homeland Security Secretary Markwayne Mullin has refused to rule out the possibility; during his confirmation hearing, Mullin said that if ICE is sent to polling places, “there will be a reason for us to be there, and it’ll be known why we’re there.” Mullin added in September that agents could make arrests at polling places if needed, noting that the “only reason” agents “would be at polling places is if there is a threat to that polling place or we’re serving a warrant on someone.”

White House border czar Tom Homan, meanwhile, downplayed concerns about federal law enforcement presence at polling stations, noting, “Part of DHS' job is secure elections, and I’m not going to say … what our plan is going forward, but if only U.S. citizens can vote, I don’t see the issue of what they’re concerned about.” And earlier this year, Trump expressed his own willingness to send federal agents to the polls when a reporter asked whether he would “send the National Guard or ICE to voting locations in November” and Trump responded that he would do “anything necessary to make sure we have honest elections.”

Voting rights groups have resources to prepare voters for the possibility of federal agents or the military intimidating voters at polling stations. Democracy Security Project Action Fund suggests voters “go to vote.gov and check your eligibility; be sure that you’re registered” and know “the most convenient polling place for you, whether that’s in person or vote-by-mail. Keep track of deadlines.”

Additional recommendations from the ACLU include:

What to do if there are reports of ICE, National Guard, or other federal agents in your community during early voting or Election Day

• Make your plan now, and consider voting by mail if there is sufficient time and you can under state law.
• Consider voting as early as possible during the early voting period, if available in your state.
• While a voter can be accompanied by family members regardless of whether those family members are citizens, in an abundance of caution, non-citizens may choose not to travel to polling places.
• Remember:
  • You have the right to vote free from intimidation.
  • You do not need to speak English to vote, in any state.
  • You do not need to pass a test to vote, in any state.
  • Some states do not require voters to present photo identification.
• Report intimidation to the Election Protection Hotline at 1-866-OUR-VOTE or 1-888-VE-Y-VOTA (en Español/English), 888-API-VOTE (Asian languages/English), 844-YALLA-US (Arabic/English).
• Report intimidation to your local election officials. Their offices will be open on Election Day.

The Southern Poverty Law Center also has additional guidance.