Will ICE agents play a role in the 2026 US midterm elections?

Since returning to office for a second term, United States President Donald Trump has embarked on a campaign to root out and deport the country’s undocumented immigrants.

Spearheading that campaign is Immigration and Customs Enforcement (ICE), a federal agency housed in the Department of Homeland Security.

Under Trump, the agency has grown substantially, boasting 22,000 officers and agents as of January, a staffing increase of 120 percent.

Thanks to recent spending packages, ICE is also considered the best-funded federal law enforcement agency in the US.

But the agency, founded in 2003, has come under increased scrutiny for its aggressive tactics and expedited hiring techniques.

Immigration agents, under the authority of ICE and other agencies, have been responsible for at least 25 shootings since the start of Trump’s second term, six of which have been fatal. At least 60 people have also died in ICE custody since January 2025.

That track record has made democracy advocates and human rights groups worried about ICE’s activities in the lead-up to the November 3 midterm elections.

Organisations like Human Rights Watch and the American Civil Liberties Union (ACLU) have voiced concern that the Trump administration could use ICE to intimidate voters.

The threat of encountering ICE agents could also keep some voters away from the ballot box, the groups say. One national poll, conducted in September by the University of California, San Diego, found that 40 percent of respondents expected ICE agents to be present near polling stations on election day.

Can ICE agents legally operate at or near polling stations?

Federal law prohibits the use of armed federal agents at polling stations. Some states have similar provisions.

The federal prohibition dates back to 1865. The law reads that it is illegal for anyone “engaged in the civil, military or naval service of the United States” to order or bring “any troops or armed men” to election sites.

There is, however, a loophole if such force is needed “to keep peace at the polls” or “to repel armed enemies of the United States”.

Another federal law prohibits members of the military from interfering with elections, and several other laws prohibit efforts to “intimidate” voters.

Those measures have been tested this year. During the primary elections for the midterms, there were at least two incidents – one in San Antonio, Texas, and another in Ventura County, California – where ICE agents reportedly conducted routine operations near polling stations.

In both cases, the ICE agents left after being asked to do so by local police.

How has the Trump administration used ICE agents before the election?

Though there are prohibitions against law enforcement near polling stations, advocacy groups say the Trump administration has nevertheless used ICE agents for election-related matters.

ICE has different offices under its control, one of which is Homeland Security Investigations (HSI).

In the months leading up to this year’s midterm elections, HSI has reportedly been ordered to prioritise its investigations of non-citizen voting, an illegal act. Only US citizens are allowed to vote in federal elections.

Starting in August, the Department of Homeland Security deployed HSI agents for “field investigations” in at least nine states to probe questions of voter eligibility.

Some have reportedly gone door to door, asking residents if they are citizens and if they plan to vote.

This week, a federal judge ordered the Department of Homeland Security to pause those investigations, citing the risk that a US citizen could be “wrongly swept up” and “subjected to intimidation”.

The judge also noted a “high likelihood of error” in how the federal agents were identifying alleged non-citizens.

Trump has pointed to non-citizen voting as support for his false claims of pervasive voter fraud.

Experts, though, say such fears are unfounded, with tiny numbers of non-citizens actually taking part in elections, despite Trump’s depictions of the issue as a widespread problem.

What has the Trump administration said about deploying ICE during the midterms?

Trump officials have refused to rule out using ICE agents to stop illegal voting, an effort that could extend to election day itself.

In May, Trump was asked by reporters: “For the midterm elections, would you send the National Guard or ICE to voting locations in November?”

Trump declined to answer directly. “I’d do anything necessary to make sure we have honest elections. We have to have honest elections,” he replied.

Other leaders in his administration have issued similar statements. In September, for instance, Homeland Security Secretary Markwayne Mullin affirmed that ICE would not “patrol” polling stations, but he suggested its agents could be there for other reasons.

“The only reason why we would be at polling places is if there is a threat to that polling place or we’re serving a warrant on someone that we have been actively tracking down,” Mullin said.

Another member of Trump’s cabinet, Attorney General Todd Blanche, has questioned the uproar over the issue, framing it as misguided.

“Why is there an objection to sending ICE to polling stations?” he asked in March at a conservative conference. “Illegals can’t vote. It doesn’t make any sense.”

What has been the response from advocacy groups?

The Trump administration’s rhetoric has raised alarm with a number of rights groups, who fear an ICE presence on election day could dampen voter turnout.

On Tuesday, Human Rights Watch called on the Trump administration to order ICE agents not to deploy near polling stations or other midterm election sites.

“ICE officers’ abuses have already seriously affected US citizens who have been stopped, beaten, detained, deported and even killed,” said Philippe Bolopion, the executive director at Human Rights Watch. “Voters should not have to fear being caught in an ICE dragnet when they head to the polls.”

On October 16, the rights group Amnesty International issued a similar appeal.

“Eligible voters must have the meaningful opportunity to participate in elections without discriminatory and arbitrary barriers, intimidation by armed forces, or fear of harm when seeking to exercise their rights,” the group said.