Rights groups and democracy advocates are growing worried that Immigration and Customs Enforcement (ICE) could play a role in the November 3 US midterm elections. The agency is leading President Donald Trump’s campaign to find and deport the country’s undocumented immigrants, and critics say its conduct could discourage or intimidate voters.
ICE, which sits within the Department of Homeland Security, has expanded sharply during Trump’s second term. It had 22,000 officers and agents as of January, a rise of 120 percent, and recent spending packages have made it the best-funded federal law enforcement agency in the country. The agency, founded in 2003, has also faced growing scrutiny over its aggressive tactics and fast-track hiring methods.
ICE’s rapid growth and record of deadly incidents
Immigration agents working under ICE and other agencies have been responsible for at least 25 shootings since Trump began his second term, six of them fatal, according to the figures cited in the report. At least 60 people have also died in ICE custody since January 2025.
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That record has fuelled concern among democracy advocates and human rights groups about what ICE might do in the lead-up to the midterms. Organisations including Human Rights Watch and the American Civil Liberties Union (ACLU) have said the Trump administration could use the agency to intimidate voters. They argue that the mere prospect of meeting ICE agents could keep some people from going to the polls.
A 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.
Legal limits on armed agents at polling stations
Federal law bars the use of armed federal agents at polling places, and some states have similar rules. The federal prohibition dates back to 1865 and makes it illegal for anyone in the civil, military or naval service of the United States to order or bring troops or armed men to election sites.
The law contains exceptions. Such force may be used if it is needed to keep the peace at the polls or to repel armed enemies of the United States. A separate federal law bars members of the military from interfering in elections, and several other laws prohibit efforts to intimidate voters.
These rules were tested during this year’s primary elections. There were at least two incidents, one in San Antonio, Texas, and another in Ventura County, California, in which ICE agents were reportedly carrying out routine operations near polling stations. In both cases, the agents left after local police asked them to.
Advocacy groups say that, despite these prohibitions, the Trump administration has still used ICE agents for matters connected to elections.
Voter eligibility probes halted by a federal judge
Within ICE, Homeland Security Investigations (HSI) is one of several offices. Reports say HSI was ordered in the months before the midterms to prioritise investigations into non-citizen voting, which is illegal. Only US citizens may vote in federal elections.
Starting in August, the Department of Homeland Security deployed HSI agents on what it called “field investigations” in at least nine states to examine voter eligibility. Some agents reportedly went door to door, asking residents whether they were citizens and whether they planned to vote.
This week, a federal judge ordered the department to pause those investigations. The judge cited the risk that a US citizen could be “wrongly swept up” and “subjected to intimidation”, and also noted a “high likelihood of error” in how agents were identifying alleged non-citizens.
Trump has pointed to non-citizen voting in support of his claims of widespread voter fraud. Experts, however, say such fears are unfounded, arguing that very few non-citizens take part in elections despite Trump’s portrayal of the problem as widespread.
Official statements and rights groups’ appeals
Trump administration officials have declined to rule out using ICE agents to stop illegal voting, a move that could extend to election day itself. In May, Trump was asked by reporters whether he would send the National Guard or ICE to voting locations in November. He did not answer directly, saying only: “I’d do anything necessary to make sure we have honest elections.”
In September, Homeland Security Secretary Markwayne Mullin said ICE would not patrol polling stations, but suggested agents could be present for other reasons. He said agents would be at polling places only if there were a threat to that site or if they were serving a warrant on someone they had been actively tracking. Attorney General Todd Blanche has questioned the objections, calling them misguided. Speaking in March at a conservative conference, he asked: “Why is there an objection to sending ICE to polling stations?”
Rights groups say such rhetoric has alarmed them, and they fear an ICE presence on election day could reduce 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. Its executive director, Philippe Bolopion, said ICE officers’ abuses had already seriously affected US citizens who had been stopped, beaten, detained, deported and even killed. “Voters should not have to fear being caught in an ICE dragnet when they head to the polls,” he said.
On October 16, Amnesty International issued a similar appeal, saying eligible voters must be able to take part in elections without discriminatory barriers, intimidation by armed forces, or fear of harm.
