Will ICE agents play a role in the 2026 US midterm elections?

Immigration and Customs Enforcement, or ICE, is a federal agency housed in the Department of Homeland Security. Since Donald Trump returned to office, it has spearheaded efforts to find and deport undocumented immigrants. That makes its election role important because immigration enforcement can affect whether people feel safe participating in elections.

ICE includes Homeland Security Investigations, or HSI. HSI has investigated alleged noncitizen voting, including field visits in at least nine states. Agents reportedly went door to door asking residents about citizenship and voting plans. ICE agents also reportedly operated near polling stations during two primary-election incidents, although local police asked them to leave.

Federal law generally bars armed federal agents from polling places, but concerns remain about intimidation. Rights groups say even operations outside polling stations could frighten eligible voters. Trump officials have not ruled out using ICE to stop illegal voting, while a federal judge paused the HSI investigations because of possible intimidation and errors.

ICE has expanded sharply under Trump. The agency had 22,000 officers and agents as of January, representing a 120 percent staffing increase. Recent spending packages also made ICE the best-funded federal law-enforcement agency in the United States, according to the article. That combination gives it a much larger operational reach than before.

The growth is not only about headcount. ICE has faced scrutiny over aggressive tactics and expedited hiring techniques. Its authority also includes different offices, such as Homeland Security Investigations. HSI has been used for investigations into alleged noncitizen voting, while other immigration agents have carried out enforcement operations.

The scale matters for the elections because a large, well-funded agency can conduct more operations and maintain a more visible presence. The article links ICE and other immigration agents to at least 25 shootings since Trump’s second term began. At least six were fatal, and at least 60 people died in ICE custody since January 2025.

Homeland Security Investigations, or HSI, is an ICE office responsible for investigations. Before the midterm elections, the Department of Homeland Security reportedly ordered HSI to prioritize investigations into noncitizen voting. Federal law allows only US citizens to vote in federal elections, so the investigations focused on suspected voter-eligibility violations.

Beginning in August, DHS deployed HSI agents for field investigations in at least nine states. Some agents reportedly visited homes and asked residents whether they were citizens and whether they planned to vote. The investigative method therefore reached directly into communities, rather than remaining limited to election records or polling places.

A federal judge ordered DHS to pause the investigations. The judge cited a risk that US citizens could be wrongly swept up and subjected to intimidation. The judge also found a high likelihood of error in how agents identified alleged noncitizens. The action shows that the investigations themselves became an election-related legal issue.

Fear of encountering ICE could reduce voter participation by making people worry that voting might expose them or their families to immigration enforcement. Rights groups argue that the threat does not require agents to enter a polling station. A visible operation nearby could be enough to make some people avoid voting.

The article gives a concrete measure of that concern. A September national poll by the University of California, San Diego, found that 40 percent of respondents expected ICE agents to be present near polling stations on election day. The expectation itself can shape behavior, especially among communities already worried about immigration enforcement.

The article does not provide a turnout estimate or prove that fear will lower participation. It reports the concern from Human Rights Watch, the ACLU, and other democracy advocates. Federal law prohibits armed federal agents at polling stations, but reported operations near two primary-election sites show why groups remain concerned about the broader area around voting locations.

Federal law generally restricts armed federal agents at polling places. A statute dating to 1865 makes it illegal for anyone in US civil, military, or naval service to order or bring troops or armed men to election sites. The rule is designed to prevent federal force from influencing voting or frightening voters.

The law contains exceptions when force is needed to keep peace at the polls or repel armed enemies of the United States. Another federal law prohibits military members from interfering with elections. Several other laws prohibit efforts to intimidate voters. Some states have additional restrictions on armed agents at polling locations.

The rules have faced real-world tests during the midterm primaries. ICE agents reportedly conducted routine operations near polling stations in San Antonio, Texas, and Ventura County, California. In both cases, the agents left after local police asked them to do so. The article does not say whether either operation violated federal law.

The article identifies ICE as a federal agency housed in the Department of Homeland Security, but it does not map every official’s authority on election day. In general, the federal government directs ICE operations through DHS and ICE leadership. Federal law limits where armed federal agents may operate, regardless of a local election official’s preferences.

State and local election officials normally administer polling places, set election procedures, and coordinate site operations under state law. Local police may respond to safety problems at or near a polling station. The article gives two examples in which local police asked ICE agents to leave, and the agents did so. That demonstrates local policing involvement, but it does not establish unlimited local control over ICE.

The practical boundary depends on federal, state, and local law. Election administrators can protect access to voting, while police address immediate safety concerns. DHS and ICE retain federal immigration authority. The source does not state which named officials would make deployment decisions during the 2026 midterms.

Citizenship is generally required for voting in federal elections because federal law reserves those elections for members of the national political community. The article states the rule directly: only US citizens are allowed to vote in federal elections. It presents noncitizen voting as illegal, while also reporting that experts consider widespread noncitizen voting fears unfounded.

Eligibility is normally determined through voter-registration systems and election-administration checks under applicable federal and state rules. Those procedures can examine information supplied by voters and government records. The article does not explain the specific databases, documents, or verification standards used in any state, so those details cannot be attributed to this source.

The distinction matters because HSI was ordered to investigate alleged noncitizen voting. Starting in August, agents conducted field investigations in at least nine states. A federal judge paused them, citing a high likelihood of error and the risk that US citizens could be wrongly swept up and intimidated.