New lawsuit challenges Trump administration plan to send ICE officers to the polls

For immediate release: September 10, 2026

Media contact: Jackie Jena, jackie@publicrightsproject.org

WASHINGTON — Public Rights Project and Democracy Forward filed a lawsuit today on behalf of the City and County of Denver, the League of United Latin American Citizens (LULAC), UnidosUS and Common Cause. The groups are challenging the Trump administration’s plan to send Immigration and Customs Enforcement (ICE) officers to polling places during the 2026 midterm elections.

The filing argues that the policy violates a 150-year-old federal law restricting the presence of armed federal personnel at polling places. For local election officials, the threat of ICE activity at the polls would disrupt months of election planning and force officials to divert time, staff and resources to prepare for potential federal enforcement activity. The plaintiffs also state that the presence of armed officers could create fear and intimidation among voters and deter eligible voters from casting their ballots.

For Colorado in particular, state election code allows only election officials, authorized election observers and voters at the polls. Denver’s large immigrant population makes up about 14% of residents, making it a likely target for ICE activity during the election.

“The right to vote, and to do so without fear of intimidation, is fundamental to our democracy and to being an American,” said Denver Mayor Mike Johnston. “Stationing ICE agents near polling places is only meant to scare people and suppress votes. We’ll fight tooth and nail to prevent it.”

“Our right to vote is powerful and enshrined in the U.S. Constitution and U.S. Code,” said Denver Clerk and Recorder Paul López. “Denver is the vanguard of democracy, and with cast-iron certainty we will protect our free and fair elections from any and all attempts at federal intimidation and intrusion.”

The lawsuit challenges a policy confirmed last week by Secretary of Homeland Security Markwayne Mullin that allows ICE officers to enter polling places to serve warrants, detain people and conduct other related activity. Just recently, ICE agents entered a polling place in Syracuse during New York’s primary elections to confront a poll worker over a social media post.

“Polling places are for voting — not federal immigration enforcement,” said Toby Merrill, litigation director at Public Rights Project. “Voters should be able to cast their ballots without armed ICE agents at the polls, and local election officials should be able to do their jobs without federal interference. Federal law draws a clear line, and we’re going to court to make sure this administration respects it.”

“The right to vote is foundational to our democracy and yet this administration continues in its endless attempts to weaken the very institutions it is entrusted to protect,” said Juan Proaño, CEO of LULAC. “The outcomes of elections define the future for all of us, and in America, voters should be able to cast their ballots without fear of intimidation by armed ICE officers at polling places. We are proud to join this litigation and fight to protect fundamental American freedom.”

Plaintiffs are asking the court to declare the polling place policy unlawful and block the administration from implementing it, including by banning federal officers from going to the polls for reasons other than to repel armed enemies of the United States.

“Sending armed ICE officers to polling places is not immigration enforcement — it is voter suppression, plain and simple,” said UnidosUS President & CEO Janet Murguía. “All Americans — including Latino voters — have a constitutional right to cast their ballot without fear of interrogation, detention or family separation. This case is about protecting voters, preserving confidence in our elections and ensuring that every eligible voter can participate free from intimidation.”

“Putting armed officers in polling places is a tactic used by dictators, but we won’t be scared out of exercising our rights,” said Common Cause President & CEO Virginia Kase Solomón. “No American should ever have to walk past armed federal law enforcement just to cast a ballot, yet this administration has adopted a policy that allows exactly that. Everyday Americans refuse to be silenced by the administration’s continuous efforts to meddle with our elections. From taking legal action to stop this policy to leading the nation’s largest nonpartisan Election Protection program, Common Cause is fighting alongside voters to keep our elections free, fair and accessible.”

The case is League of United Latin American Citizens (LULAC) v. U.S. Department of Homeland Security. Public Rights Project is representing the City and County of Denver and Democracy Forward is representing the rest of the plaintiffs.

Read the lawsuit here.

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