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DHS says no ICE operations planned at polls but targeted arrests possible

DHS told the Associated Press it is not planning ICE operations at polling places but said targeted arrests could happen if a public safety threat arises. Homeland Security Secretary Markwayne Mullin said in September agents would go only for threats or warrants, and Democrats, civil rights groups and Denver have sued to block any presence.

By US Brief desk · Updated 2026-10-02T07:10:00-07:00

AI-assisted · US Brief desk · Sources listed below

Nebraska Avenue Complex, Department of Homeland Security headquarters in Washington, D.C.

What happened

The Department of Homeland Security says it is not planning immigration operations at polling places for the November midterms. It has not ruled out targeted arrests there, the Associated Press reported Friday.

What DHS said: In a statement to AP, DHS said “ICE is not planning operations targeting polling locations.” It said that if “an active public safety threat endangered a polling location,” people “may be arrested” through targeted enforcement. DHS also said people in the country legally have “nothing to fear.”

Mullin’s position: On Sept. 1, Homeland Security Secretary Markwayne Mullin told reporters in New York that “ICE isn’t there to patrol the polling places.” He said agents would go only if there is “a threat to that polling place” or to serve a warrant on someone they are “actively tracking down,” Politico reported. AP said he accused Democrats of “fearmongering.”

Why it matters

Early voting is underway in many states. Voting rights groups say even rare enforcement near polls could keep eligible voters home. Administration officials say those fears are overstated.

What’s next

Watch for court rulings in the D.C. cases, any written DHS guidance to states, and how local election offices train poll workers before Nov. 3.

More context

White House view: Border czar Tom Homan told Fox News on Sept. 13 that he had seen no “operational plans” for enforcement at polling places, the Washington Examiner reported. He called the concerns “another fear tactic.” Asked in a Time interview published Thursday whether he planned to send ICE agents to polls, President Donald Trump said, “Haven’t thought of it.”

Lawsuits: Three suits are pending in federal court in Washington. On Sept. 10, LULAC, Common Cause, UnidosUS, and the city and county of Denver sued DHS and ICE under the Civil War-era law. Nine civil rights groups and unions, including the NAACP and SEIU, sued on Sept. 18, citing the Voting Rights Act’s ban on voter intimidation. Senate Democratic Leader Chuck Schumer, House Democratic Leader Hakeem Jeffries, and Democratic campaign groups sued on Sept. 23. The Sept. 10 and Sept. 23 complaints cite Mullin’s Sept. 1 remarks as evidence of a policy allowing armed officers at polls.

The law: A federal law dating to the Civil War bars “troops or armed men” at polling places unless needed to “repel armed enemies of the United States.” Jonathan Diaz of the Campaign Legal Center told AP that even warrant-based visits are “legally dubious.”

Background: On a Feb. 25 call, DHS election official Heather Honey told state election officials that ICE would not be present at polling locations, AP reported at the time. Todd Lyons, then ICE’s acting head, told Congress earlier this year there were no such plans; he has since left the agency, AP said.

Uncertainty: DHS has not published written guidance on when officers could go to a polling site. None of the suits asked for immediate court action, Roll Call reported, and US Brief found no court ruling as of Oct. 2.

11 listed sources

References listed by US Brief; a source count is not a verification score.

Editorial sourcing notes

Rewritten 5:45 AM PT Oct 2 at Robert’s request: earlier version presented the Feb. 25, 2026 Honey call as new and said DHS had not commented. Now anchored on AP’s Oct 2 story with the DHS statement (no operations planned; targeted arrests possible), Mullin’s Sept. 1 threat/warrant remarks (Politico, AP), Homan’s Sept. 13 Fox remarks (Washington Examiner), and the Sept. 18 civil-rights and Sept. 23 Democratic lawsuits (NAACP LDF, The Hill, Roll Call). Lyons noted as having left ICE per AP. No court ruling found as of Oct. 2. US Brief has not read the complaints in full. Re-checked 6:55 AM PT Oct 2 after approval: no new DHS statement or court ruling found; added the Sept. 10 LULAC/Common Cause/UnidosUS/Denver suit (third pending case) and Roll Call’s note that no suit sought immediate action.

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