Federal distrust prompts some Democratic states to protect polling places, election records
SANTA FE, N.M. — Democratic-led states alarmed by the prospect of federal immigration officers patrolling the polls during this year’s midterm elections are taking steps to counter what they see as a potential tactic to intimidate voters.
New Mexico this week became the first state to bar armed agents from polling locations in response to President Donald Trump’s immigration crackdown, a step being considered in at least a half dozen other Democratic-led states.
The moves highlight a deep distrust toward the Trump administration from blue states, which have been the target of his aggressive immigration tactics while threatened with military deployments and deep cuts in federal funding. Their concerns were heightened after the president suggested he wants to nationalize U.S. elections, even though the Constitution says it’s the states that run elections.
The Trump administration said it has no plans to deploy immigration agents to polling locations. Last month, the heads of Immigration and Customs Enforcement and Border Patrol told a congressional committee “No, sir” when asked if they had any plans to guard polling places. The Department of Homeland Security’s deputy assistant secretary for election integrity, Heather Honey, recently told secretaries of state it “is simply not true” that immigration agents will be at the polls this year.
But a group of eight secretaries of state wants that in writing from the nominee to succeed Kristi Noem as secretary of the Department of Homeland Security. In a letter Monday to Trump’s new pick to lead the agency, Markwayne Mullin, the group pressed for assurances “that ICE will not have a presence at polling locations during the 2026 election cycle.”
Federal law already prohibits the deployment of armed federal forces to election locations unless “necessary to repel armed enemies of the United States,” but Democratic lawmakers, election officials and governors remain concerned.
“The fear is that the Trump administration will attempt to evoke a national emergency or execute some other deployment of federal agents or military troops in order to interfere with elections and intimidate voters,” said Connecticut Democratic state Rep. Matt Blumenthal, co-author of a state bill to establish a 250-foot buffer from federal agents at local polls and other restrictions on federal intervention. “And we’re not going to let that happen.”
Other bills seeking to ban immigration agents at the polls are pending in Democratic-led states, large and small, from California to Rhode Island.
In Virginia, lawmakers are weighing legislation that could prevent federal civil immigration officials from making arrests within 40 feet of any polling place or courthouse. But the provision on polling sites remains under negotiation, and it’s unclear whether it will be in the final bill.
The newly signed law in New Mexico prohibits orders that put any armed person in the “civil, military or naval service of the United States” at local polling locations and related parking areas, or within 50 feet of a monitored ballot box, from the start of early voting.
Under New Mexico’s new law, which takes effect in May and will be in place for the state’s June 2 primary, people who experience intimidation or obstruction at the polls from federal agents or military personnel can file a civil lawsuit seeking relief in state courts. State prosecutors and local and state election officials also can sue, and the courts can apply fines of up to $50,000 per violation.
It also prohibits changes to voting qualifications and election rules and procedures that conflict with New Mexico law, as Trump prods the U.S. Senate to approve a bill to impose strict new proof-of-citizenship requirements in elections nationwide.
Any state measures intended to counter federal election law will face legal hurdles because of the supremacy clause in the U.S. Constitution, which says federal law supersedes state law.
