Arlington County, Virginia, is suing the Trump administration to block armed federal agents from polling places during the upcoming midterms.
The Arlington County Board filed the lawsuit Tuesday challenging “policies authorizing armed federal agents, including Immigration and Customs Enforcement (ICE) and FBI officers, to conduct enforcement operations at polling places or other election sites.”
Federal law dating to the Civil War prohibits “troops or armed men” from being deployed to places where elections are being held “unless such force be necessary to repel armed enemies of the United States.”
Arlington’s lawsuit is asking the court to intervene to ensure federal officials cannot undermine election administration, intimidate voters or interfere with the responsibilities of local election officials and law enforcement. The lawsuit states sending armed federal agents to polls threatens voter safety and forces local officials to divert critical resources to prepare for the agents.
There have been widespread fears among Democrats that ICE officers will be deployed to the polls, something that multiple administration officials have denied will happen. There have been scattered instances of ICE officers at polling places over the past year, usually saying they’re in pursuit of or investigating a specific person. Homeland Security Secretary Markwayne Mullin said in September it’s possible that could happen again in November.
“ICE is not planning operations targeting polling locations. ICE conducts intelligence-driven targeted enforcement, and if an active public safety threat endangered a polling location, they may be arrested as a result of that targeted enforcement action,” a spokesperson for the Department of Homeland Security said in part in a statement to News4 Wednesday.
“DHS and DOJ are laser focused on prosecuting and removing aliens who vote and preventing the dilution of the votes of U.S. citizens. ONLY Americans should elect American leaders,” the DHS spokesperson said. “Our message to aliens who vote in American elections is clear: we will find you, arrest you, and you will face the consequences — including criminal charges and deportation.”
While testifying before the Senate Judiciary Committee in September, FBI Director Kash Patel suggested he was open to sending federal agents to polling locations.
“This is about whether the United States citizens — Republicans, Democrats, independents — are the deciders of this election,” Sen. Peter Welch (D-VT) said during the hearing. “Do you pledge that you will not in any way interfere in the will of the American people when they go to the polls in November?”
“I have pledged unequivocally that I will not participate in your charade of lies,” Patel replied.
“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,” Arlington County Board Chair Matt de Ferranti said in a release about the lawsuit. “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.”
Earlier this month, a photo of armed National Guard troops surrounding a D.C. ballot drop box triggered concern at the highest levels of D.C. government.
Lawyers with the groups Democracy Forward and Public Rights Project are representing Arlington in partnership with the Arlington County Attorney’s Office.
The Associated Press contributed to this report.
