Arlington County sues Trump administration to block armed federal agents from polling places

For immediate release: October 20, 2026
Media contact: Jackie Jena, jackie@publicrightsproject.org 

ARLINGTON, Va. — The Arlington County Board filed a lawsuit today challenging the Trump administration’s policies allowing armed federal agents to conduct immigration and law enforcement operations at polling places or other election sites during the 2026 midterm elections. 

The lawsuit seeks to block the unlawful policies, which threaten voter safety, undermine local election administration and force local officials to divert critical resources to prepare for armed federal agents at the polls. The plaintiff, Arlington County, is represented by Public Rights Project and Democracy Forward in partnership with the Arlington County Attorney’s Office.

“Federal immigration enforcement has no place at the polls,” said Toby Merrill, litigation director at Public Rights Project. “This is an illegal attempt by the administration — just two weeks before Election Day — to waste limited time and resources in a way that will only sow fear among voters. Local election officials are doing everything they can to ensure free and fair elections, and we’re proud to represent Arlington against a policy allowing armed agents at the ballot box.”

The plaintiff is challenging these policies for violating a 150-year-old federal law that prohibits armed personnel at election sites, including early voting sites and ballot drop-off locations, except when needed to combat armed enemies of the United States. They also argue that the policies violate the Administrative Procedure Act, exceed federal statutory authority and infringe on the constitutional authority of state and local governments to run elections. 

Despite the clear ban on armed federal agents at election sites, DHS Secretary Markwayne Mullin stated in September that ICE agents could conduct immigration and customs enforcement operations at polling places, including serving warrants. FBI Director Kash Patel similarly said that the FBI could send armed agents to polling places for election-related enforcement activities.

“Threatening to send armed agents to polling stations is unlawful and contravenes the bedrock values of free and fair elections we hold dear in this country,” said Arlington County Board Chair Matt de Ferranti. “These statements are a clear attempt to stoke fear and undermine confidence in our elections. The Arlington County Board will do all we can to protect our voters and their right to vote.”

These threats have already had serious impacts on Arlington County. Local officials have had to develop new guidance for responding to federal agents and conduct unprecedented emergency preparedness exercises with election officials, police and prosecutors. The county has also heard from numerous residents and poll workers who fear armed federal officers showing up at polling places. Arlington has been forced to allocate substantial staff time and resources to addressing these well-founded concerns.

The lawsuit comes as early voting is already underway in Arlington County. The plaintiffs are asking the court to strike down the policies; prohibit armed federal agents from operating at or near polling places; and ensure federal officials can’t undermine election administration, intimidate voters or interfere with local election officials’ ability to run elections.

“Voters should be able to cast their ballots without fear of being confronted by armed federal agents,” said Skye Perryman, president and CEO of Democracy Forward. “Congress made that clear more than 150 years ago, yet the Trump-Vance administration is claiming the authority to disregard longstanding protections and interfere with the administration of our elections. Local officials should be focused on ensuring that every eligible voter can participate safely and freely, not diverting taxpayer dollars preparing for unlawful federal interference. The administration cannot rewrite the law to suit its political agenda, and we are honored to represent the Arlington County Board to ensure accountability.”

Public Rights Project and Democracy Forward filed a similar lawsuit last month in League of United Latin American Citizens v. Department of Homeland Security, challenging the same unlawful policies. Public Rights Project is representing Denver, Colorado, and Hennepin County, Minnesota, in that case.

The case is County Board of Arlington County, Virginia, et al. v. U.S. Department of Homeland Security, et al., and is filed in the U.S. District Court for the Eastern District of Virginia. 

Read the filing here.

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