States Rush to Block Trump's Threats to Deploy ICE Agents at Polling Places

Federal Troops at the Polls? States Aren't Waiting to Find Out

President Donald Trump's allies have made it clear: they're open to deploying federal immigration agents to polling places during this year's midterm elections. And while federal law explicitly bans armed federal law enforcement at the polls unless necessary to "repel armed enemies of the United States," some states aren't taking any chances that this administration will follow the law.

At least 11 states led by Democrats are now racing to pass legislation hardening their elections against White House interference. The measures range from banning federal agents at polling sites to protecting voter data from Justice Department demands to expanding early voting windows.

Deputy Attorney General Todd Blanche signaled support for poll deployments during an appearance at the Conservative Political Action Conference (CPAC). Trump ally Steve Bannon went further, suggesting that ICE raids at airports were a "test run" for election day operations.

New Mexico didn't wait for the threats to materialize. Last month, the state signed into law a measure explicitly prohibiting the deployment of troops or federal law enforcement at polls. The legislation also bans interference in election administration and gives the attorney general, secretary of state, county clerks, and individual voters the right to sue in district court to enforce it.

Maryland's General Assembly is considering a bill requiring police officers at polls to obey state and local election officials -- and giving those officials authority to order arrests of anyone interfering with voting. The measure has passed the state Senate and is nearing a final House vote.

Illinois lawmakers are weighing legislation that would block law enforcement from entering polling places unless called by election officials or required by court order. California is considering a 200-foot buffer zone around polling sites where federal, state, or local officers would be prohibited from making arrests on election day.

"Our state is facing serious threats from the Trump administration," said California State Sen. Tom Umberg, an author of that bill, "and we will not treat them as idle or hypothetical."

Countering Trump's War on Mail Voting

The threats to deploy agents are just one front in the administration's assault on voting access. Last week, Trump signed an executive order sharply restricting mail voting. He and congressional Republicans are still pushing the SAVE America Act, legislation that would impose proof-of-citizenship requirements blocking millions of eligible voters. Florida and other GOP-controlled states have already passed state versions of those restrictions.

Democratic-led states are moving to counter the damage. New Jersey this week signed into law an expansion of early voting from four days to seven. Colorado's House passed a bill requiring election officials to mail ballots one week earlier, giving voters more time to return them. The measure also clarifies that officials certifying results have a legal duty to do so -- a provision aimed at preventing the kind of certification delays that election deniers attempted in 2020 and 2022.

Virginia's General Assembly passed legislation last month prohibiting hand counting of ballots. Hand counts are a favorite demand of election conspiracy theorists, but they're actually less accurate than machine counts when dealing with large numbers of ballots.

Vermont and Rhode Island could soon become the latest states to pass voting rights act legislation aimed at protecting against gerrymandering -- particularly relevant as Trump's "redistricting arms race" plays out nationwide.

Protecting Voter Data From DOJ Seizure

The Justice Department is currently suing 30 states for refusing to hand over unredacted statewide voter registration lists. Washington state is among those targeted, and it just signed into law a measure making it a felony for state or local election officials to disclose private voter information.

Minnesota lawmakers are considering legislation that would upgrade the penalty for intimidation or interference with voting or election officials from a misdemeanor to a felony.

The Brennan Center for Justice published model legislation last month providing a template for state lawmakers to introduce bills reinforcing federal provisions that ban troops or federal agents at polls. But the flurry of state action reflects a grim reality: with this administration, states can't count on federal law being enforced.

The midterms are seven months away. Whether these state protections will be enough to counter federal interference remains to be seen. But one thing is clear: Democratic-led states aren't waiting to find out what Trump will do. They're preparing for the worst.