Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
US Midterms 2026
7SEP

NAACP sues DHS over ICE at the polls

2 min read
13:32UTC

The NAACP and eight other groups sued in Washington on 18 September to keep ICE away from polling places, the day NPR published a DHS email listing non-English voting areas.

PoliticsAssessed
Key takeaway

Nine groups want a court to bar ICE from polling places; DHS says targeted arrests there remain possible.

The National Association for the Advancement of Colored People (NAACP) and eight other groups sued the Trump administration on 18 September to keep Immigration and Customs Enforcement (ICE) away from polling places⁠1. They filed in federal court in Washington. The coalition includes Mi Familia en Acción, the National Urban League and the SEIU, AFT and UFCW unions. The complaint cites sections 592 and 593 of Title 18 of the US Code, which bar armed federal officers and troops at elections, and the Voting Rights Act's intimidation provisions. Denver and immigrant-rights groups had filed the first such suit the week before.

The same day NPR published a 2025 internal email from the Department of Homeland Security (DHS), released through the Democratic National Committee's freedom-of-information lawsuit⁠2. It attached a 78-page list of counties and states offering non-English election materials alongside a Justice Department checklist for prosecuting voter-related crimes. DHS's own court filing calls the email "a subordinate sharing initial thoughts and opinions with leadership", and nothing in it refers to enforcement at those places.

DHS told NPR that ICE "is not planning operations targeting polling locations", but that "intelligence-driven targeted enforcement" could still lead to arrests if "an active public safety threat endangered a polling location". That qualification leaves room for arrests at a polling place, and the suit asks a judge to close it. A University of California San Diego poll released the same week found about 40% of voters expect ICE agents at their own polling place. That expectation ran at roughly a third or more among Democrats, Republicans and independents alike.

DHS lost a separate election-related appeal earlier this month, when the D.C. Circuit refused to revive its modified SAVE citizenship database.

Deep Analysis

In plain English

The NAACP and eight other civil rights groups have sued the Trump administration, asking a federal court in Washington to keep immigration officers away from polling places. The lawsuit came out the same day NPR published an email from 2025, obtained through a separate legal fight by the Democratic Party, that the groups say shows the government was planning for this kind of presence at polls.

What could happen next?
  • Risk

    If federal immigration agents are present near polling places in November, voters who fear any contact with immigration enforcement may avoid voting in person even where they are legally entitled to.

First Reported In

Update #18 · Republicans spend first, Democrats hold cash

NPR· 24 Sept 2026
Read original →
Causes and effects
This Event
NAACP sues DHS over ICE at the polls
The suit asks a federal court to close the gap DHS left open when it said targeted arrests at polling places remain possible.
Different Perspectives
Judge Adolf Zeman, Alaska Superior Court
Judge Adolf Zeman, Alaska Superior Court
Zeman refused to dismiss the League of Women Voters, Alaska Black Caucus and ACLU of Alaska suit over the state giving DOJ its unredacted voter list. The privacy claims now go to evidence-gathering under the Alaska Constitution.
Judge Thomas Schroeder, US District Court for the Middle District of North Carolina
Judge Thomas Schroeder, US District Court for the Middle District of North Carolina
Schroeder refused on 19 October to block the State Board of Elections rule that rejects mail ballots with an unsealed or missing inner envelope. He found the challengers had delayed and that relief was infeasible with voting under way, and pointed to notice-and-cure provisions as a safeguard.
Stephen Richer, Republican former Maricopa County recorder
Stephen Richer, Republican former Maricopa County recorder
Richer submitted a brief on 20 October supporting the voting groups on documentary proof of citizenship at registration. He takes no position on the separate 90-day voter-removal question.
Senate Leadership Fund
Senate Leadership Fund
The Senate Leadership Fund began spending for interim Senator Darline Graham Nordone on 19 October, taking its South Carolina total to $4.06m, including $2.25m against Democrat Annie Andrews. Republicans are now paying to defend a seat in a state Donald Trump carried in 2024.
WinSenate, the ad-buying affiliate of Senate Majority PAC
WinSenate, the ad-buying affiliate of Senate Majority PAC
WinSenate began buying Kansas airtime against Roger Marshall on 10 October and had reported $8.14m there by 20 October. Marshall held $922,088 in cash on 30 September and the NRSC gave him no party money in September, so the Democratic side is spending where the Republican committee has not.
County Board of Arlington County
County Board of Arlington County
Arlington says federal Polling Place Policies allowing armed agents at polling sites breach 18 USC 592, the 1865 ban on troops or armed men at an election. It reads Markwayne Mullin's 1 September remarks as confirming such a policy, and asks Judge Brinkema to keep armed federal staff from its polls and drop boxes.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.