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US Midterms 2026
15SEP

NAACP sues DHS over ICE at the polls

2 min read
14:21UTC

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
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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
Department of Justice (DOJ)
Department of Justice (DOJ)
DOJ appealed to the 9th Circuit after Judge David O. Carter did not rule by a noon deadline on 22 October that DOJ itself had set, seeking to have California set aside mail ballots from more than 20,000 listed voters. Its case is that ineligible votes cancel lawful ones; the panel dismissed the appeal 2-1 on 26 October.
Lower Costs Now
Lower Costs Now
Lower Costs Now reported $7.37m in Kansas on 24 and 25 October, part of $65.65m in Senate races since its first independent expenditure on 1 October, including $17.21m for Josh Turek in Iowa. Its FEC filings show $50.18m raised by 14 October.
MAGA Inc
MAGA Inc
MAGA Inc, the super PAC aligned with Donald Trump, filed $7.20m against James Talarico on 22 October, taking its Texas spending to $37.65m. Of that, $30.12m is against Talarico and $7.53m is for Ken Paxton, the Republican nominee.
Senate Majority PAC (SMP)
Senate Majority PAC (SMP)
SMP's pre-general report shows it spent $108.70m from 1 to 14 October, including $65.0m to WinSenate and $10.0m to Texas Forever, and ended with $32.72m. Texas Forever has reported $19.40m against Ken Paxton since 1 October.
Senate Leadership Fund (SLF)
Senate Leadership Fund (SLF)
SLF's pre-general report shows $88.42m in cash on 14 October and $18.98m raised in the fortnight, none of it from Elon Musk. It has since reported $12.07m against Sherrod Brown in Ohio, and its $2.7m to Plains PAC preceded that committee's first Kansas buy on 25 October.
National Republican Senatorial Committee (NRSC)
National Republican Senatorial Committee (NRSC)
The NRSC's pre-general report shows nothing spent with Ashley Hinson in Iowa, or with its nominees in six other states, from 1 to 14 October, after $5.54m with Hinson in September. It took no new loan and ended the fortnight with $25.20m in cash and $20m of debt.

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