With three weeks to go before the November 3, 2026, elections, many Latino voters are wondering whether ICE can be at voting centers. The Department of Homeland Security (DHS) says it does not plan to conduct operations targeting these locations, although it has left open the possibility of arrests in specific cases. Federal law, meanwhile, sets clear limits on the presence of armed agents at places where voting takes place.
Why it matters: Fear of encountering immigration agents can deter people who have the right to vote, including U.S. citizens from mixed-status families. Knowing what the government and federal law say can help voters make informed decisions rather than rely on rumors.
In an email to The Center Square, the DHS spokesperson explained that «ICE conducts selective operations based on intelligence, and if an active threat to public safety were to endanger a voting center, that person could be arrested as a result of that action.»
The spokesperson added that DHS is fulfilling its obligation to protect electoral infrastructure under its legal authority «to ensure that our elections are fair, honest, and accurate.» They also said that, along with the Department of Justice, they are «focused on prosecuting and deporting foreigners who vote» and that «ONLY Americans should choose American leaders.»
According to the AP, DHS Secretary Markwayne Mullin accused Democrats in September of «sowing fear.» He said agents would not generally patrol or monitor voting centers but could appear for specific reasons, such as arresting someone under a judicial order or responding to a threat. A DHS official told state election administrators that agents would not be posted at voting centers.
President Donald Trump, when asked by Time whether he would send ICE agents, responded: «I haven't thought about it.» In May, he had said: «I would do whatever is necessary to ensure that we have honest elections.»
Article 18 U.S.C. § 592 punishes any federal government official who brings or maintains troops or «armed men» at a voting place, except to repel armed enemies of the United States. The penalty includes a fine, up to 5 years in prison, and disqualification from public office. According to election law experts cited by AP, this rule prevents the deployment of troops, agents, or armed officers at voting sites.
Another article, 18 U.S.C. § 594, punishes anyone who intimidates, threatens, or coerces someone in order to interfere with their right to vote in federal elections, with penalties of up to one year in prison.
Positions differ on how these laws would apply to a specific arrest. DHS argues that it could act in response to a concrete threat or with a judicial order. Critics point out that the mere presence of agents can be intimidating.
DaMareo Cooper, executive director of Popular Democracy, told The Center Square: «If you see ICE agents at voting centers, that's intimidation… It's not ICE's job to enforce an election.» According to Cooper, local police have protected elections for a hundred years.
Cooper also questioned the emphasis on non-citizen voting. According to his estimate, such cases represent «zero point zero three percent probably» of millions of registrations. This is his own figure, not an official statistic presented by DHS.
Additionally, The Center Square reported that the Help America Vote Act allocated $15 million to states in fiscal year 2025 through Election Assistance Commission grants, compared with $55 million in 2024 and $75 million in 2023 and 2022.
Sources: The Center Square; AP via ABC News; 18 U.S.C. § 592; 18 U.S.C. § 594; Election Protection; Department of Justice, Civil Rights Division. Data consulted on October 13, 2026.
