Denver Sues to Block Armed ICE Agents at Polling Sites
Denver files lawsuit to prevent ICE armed patrols at polling locations in 2026.
Why it matters: This legal challenge could establish precedent on federal agent presence at voting sites and influence voter intimidation debates in future elections.
- Lawsuit filed September 10, 2026, by Denver with LULAC, Common Cause, and UnidosUS.
- Cites 1865 federal law barring armed troops at election sites unless repelling armed enemies.
- Plaintiffs argue armed ICE presence intimidates voters, suppressing turnout, especially in immigrant communities.
- DHS denies plans to deploy ICE agents at polls but hasn’t ruled it out entirely.
On September 10, 2026, the city of Denver joined civil rights organizations including the League of United Latin American Citizens (LULAC), Common Cause, and UnidosUS to file a federal lawsuit seeking to block the Trump administration's plan to deploy armed Immigration and Customs Enforcement (ICE) agents at polling sites during the upcoming midterm elections. The complaint argues that this deployment violates a federal law enacted in 1865, which prohibits the use of "any troops or armed men" at election locations unless necessary to repel armed enemies of the United States. The lawsuit details concerns that armed federal agents at polling places could intimidate voters, particularly within immigrant communities, potentially suppressing turnout.
The Department of Homeland Security (DHS) has stated there are currently no plans to deploy ICE agents to polling sites, but stopped short of categorically ruling out such deployments, depending on circumstances. Heather Honey, Deputy Assistant Secretary for Election Integrity at DHS, affirmed that "any suggestion that ICE will be present at any polling location is simply not true."
In March 2026, Colorado Secretary of State Jena Griswold and officials from eight other states had already requested written assurances from DHS confirming that ICE agents would not be stationed at polling places during that election cycle, signaling multi-state concern over potential voter intimidation.
Congressman Raja Krishnamoorthi voiced alarm about the uncertainty caused by these threats, emphasizing that voters should not have to "wonder whether federal immigration agents could appear at or near their polling place while they are casting their ballots."
This lawsuit represents a first-of-its-kind legal challenge advancing amid prior federal court rejections of similar suits. Its outcome could shape how election security measures, federal agent deployment, and voter intimidation claims are addressed in courts during future election cycles.
By the numbers:
- 1865 — Federal law year cited to block armed troops at polling sites
- September 10, 2026 — Date Denver and civil rights groups filed the lawsuit
- Nine — Number of states that requested DHS assurances on ICE presence in March 2026
Yes, but: While DHS denies plans to deploy ICE agents at polling sites, it has not categorically ruled out such deployments in all scenarios, leaving uncertainty around the issue.
What's next: The court’s decision on this case will likely influence future federal policies and legal standards regarding armed agents at polling places for upcoming elections.