As the United States approaches the November 3 midterm elections, democracy advocates and human rights organizations are expressing growing alarm over the potential role of Immigration and Customs Enforcement (ICE). Since returning to office for a second term, President Donald Trump has aggressively pursued the deportation of undocumented immigrants, leading to a substantial expansion of ICE. The federal agency, housed within the Department of Homeland Security, now boasts 22,000 officers and agents following a 120 percent staffing increase since January, making it the best-funded federal law enforcement agency in the country.
However, this rapid growth has been accompanied by heightened scrutiny regarding the agency’s aggressive tactics and expedited hiring techniques. Immigration agents operating under ICE and related agencies have been linked to at least 25 shootings since the start of the administration’s second term, resulting in six fatalities, while at least 60 people have died in ICE custody since January 2025. This operational record has fueled concerns among groups such as Human Rights Watch and the American Civil Liberties Union (ACLU) that the administration might utilize ICE personnel in ways that could intimidate voters or deter eligible citizens from visiting the ballot box. A national poll conducted in September by the University of California, San Diego, indicated that 40 percent of respondents expected ICE agents to be present near polling stations on election day.
Federal law long prohibits the deployment of armed federal agents at polling stations, with prohibitions dating back to an 1865 statute making it illegal for anyone engaged in the civil, military, or naval service of the United States to order or bring armed men to election sites, barring exceptions to keep the peace or repel armed enemies. Additional federal measures bar military interference and voter intimidation. Despite these legal boundaries, watchdog organizations report that these safeguards have already faced tests this year. During primary elections for the midterms, routine ICE operations occurred near polling stations in San Antonio, Texas, and Ventura County, California, though agents departed in both instances after local police intervened.
Beyond polling station proximity, advocacy groups point to the administration’s use of ICE offices, specifically Homeland Security Investigations (HSI), for election-related inquiries. In the months leading up to the midterms, HSI was reportedly instructed to prioritize investigations into non-citizen voting, despite federal law restricting federal elections exclusively to US citizens. Beginning in August, the Department of Homeland Security deployed HSI agents for field investigations across at least nine states to probe voter eligibility, with some agents reportedly conducting door-to-door inquiries asking residents about their citizenship status and voting intentions.
These investigative efforts recently prompted judicial intervention. A federal judge ordered the Department of Homeland Security to pause the door-to-door investigations, citing the risk that US citizens could be wrongfully swept up or subjected to intimidation, as well as a high likelihood of error in how agents were identifying alleged non-citizens. While the president has frequently cited non-citizen voting to support claims of widespread voter fraud, experts maintain that such fears are unfounded, noting that only tiny numbers of non-citizens participate in elections.
Administration officials have repeatedly declined to rule out utilizing ICE agents to curb illegal voting as election day approaches. When asked in May whether he would send the National Guard or ICE to voting locations, the president declined to offer a direct answer, stating that he would do anything necessary to ensure honest elections. Cabinet members have offered nuanced positions; in September, Homeland Security Secretary Markwayne Mullin stated that ICE would not patrol polling stations, while suggesting agents could be present if there were a specific threat or to serve an active warrant. Earlier in March, Attorney General Todd Blanche questioned the public uproar over potential deployments, noting that non-citizens cannot legally vote.
In response to these developments, advocacy organizations have intensified their appeals. Human Rights Watch issued a call for the administration to explicitly prohibit ICE deployments near polling places or election sites, with executive director Philippe Bolopion warning that voters should not fear encountering an enforcement dragnet when casting ballots. Amnesty International issued a similar appeal in October, emphasizing that eligible voters must be able to participate without discriminatory barriers, armed intimidation, or fear of harm.
