ICE at the Polls? Ain’t Never Gonna Happen, Says This Voting Expert

David Becker, a voting rights advocate and founder of the Center for Election Innovation & Research, firmly stated on Friday that federal ICE agents or troops will never be deployed to polling places. While the Trump administration has not outright threatened this action, neither Trump nor his officials, including former lawyer Todd Blanche, have ruled it out. DHS chief Markwayne Mullin suggested that federal officers could be sent if there was a "threat" or they were serving a warrant, though he also denied any plans.

Becker emphasized that this deployment is against the law, citing 18 U.S.C. 592. If such a deployment were to occur on Election Day, it would lead to immediate legal challenges and likely face court injunctions. Many jurisdictions are preparing for such a scenario, but Becker noted that voters' ability to vote "inconveniently" has been enhanced through early in-person voting and mail-in voting options in 47 states.

This makes it harder for the administration to target specific voters for intimidation, especially on Election Day.

Becker also pointed out the legal risks for the administration in deploying troops to suppress voters, as it might backfire and suppress Republican voters more than Democratic ones. He attributed the administration's vague stance to political maneuvering, noting that Attorney General Blanche faced scrutiny over this issue during his confirmation hearings. Moreover, the Joint Chiefs released a statement affirming that troops would not be deployed to polling places.

Becker advised that if litigants want to challenge the administration's vague statements, they should obtain clear indications from the administration that voting intimidation is not on the table. Regardless of the outcome, Becker reiterated that the deployment of ICE or troops to polling places on Election Day will not occur.