Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
US Midterms 2026
24SEP

NAACP sues DHS over ICE at the polls

2 min read
11:45UTC

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
University of Florida Election Lab
University of Florida Election Lab
The lab, run by Michael McDonald, estimates about 124.3 million ballots, a raw midterm record, and turnout of about 49.4% of eligible voters, second to 2018's 50.05%. The raw record reflects population growth more than a record rate, so the late count is working through a near-2018 electorate.
Thune's critics on the right, including Senator Ron Johnson
Thune's critics on the right, including Senator Ron Johnson
Ron Johnson backed the failed 31-15 motion to delay Thune's re-election, after activists such as Mike Cernovich blamed the leader for the defeat. Their complaint is that Republicans could have passed the SAVE Act; in January it meets a Democratic Senate instead.
Senator John Thune
Senator John Thune
Thune was re-elected Senate Republican leader by acclamation on 10 November after a motion to delay failed 31-15. He kept the filibuster that stopped the SAVE Act, the choice his critics on the right blame for the defeat.
House Republicans under Jim Jordan
House Republicans under Jim Jordan
House Republicans elected Jordan minority leader by 106 votes to 73 over Steve Scalise on 10 November, after Speaker Mike Johnson declined to run. They replaced the leadership that lost the majority, while Senate Republicans kept theirs.
Donald Trump
Donald Trump
Trump asked on Truth Social on 9 November whether anybody believed the election "was honest" and blamed the machines, having told The New York Times on polling night he would accept the results. No Republican campaign had sued over a 2026 result by 10 November, so the claim has no case behind it.
Judge David O. Carter
Judge David O. Carter
Carter closed the Justice Department's suit over about 20,000 California mail ballots on 10 November after the department withdrew it, writing that the suit "attempted to disrupt an ongoing election". The closure leaves the department with no court order touching a 2026 California ballot.

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