Since returning to office for a second term, United States President Donald Trump has embarked on a campaign to root out and deport the country’s undocumented immigrants. Spearheading that campaign is Immigration and Customs Enforcement (ICE), a federal agency housed in the Department of Homeland Security. Under Trump, the agency has grown substantially, boasting 22,000 officers and agents as of January, a staffing increase of 120 percent.
Thanks to recent spending packages, ICE is also considered the best-funded federal law enforcement agency in the US. But the agency, founded in 2003, has come under increased scrutiny for its aggressive tactics and expedited hiring techniques. Immigration agents, under the authority of ICE and other agencies, have been responsible for at least 25 shootings since the start of Trump’s second term, six of which have been fatal.
At least 60 people have also died in ICE custody since January 2025. That track record has made democracy advocates and human rights groups worried about ICE’s activities in the lead-up to the November 3 midterm elections. Organisations like Human Rights Watch and the American Civil Liberties Union (ACLU) have voiced concern that the Trump administration could use ICE to intimidate voters.
The threat of encountering ICE agents could also keep some voters away from the ballot box, the groups say. One national poll, conducted in September 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. Federal law prohibits the use of armed federal agents at polling stations.
Some states have similar provisions. The federal prohibition dates back to 1865. The law reads that it is illegal for anyone “engaged in the civil, military or naval service of the United States” to order or bring “any troops or armed men” to election sites.
There is, however, a loophole if such force is needed “to keep peace at the polls” or “to repel armed enemies of the United States”. Another federal law prohibits members of the military from interfering with elections, and several other laws prohibit efforts to “intimidate” voters. Those measures have been tested this year.
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