Denver Sues DHS to Keep Armed ICE Agents Away From Polling Places

Denver, joined by the League of United Latin American Citizens, Common Cause and UnidosUS, filed suit on September 10, 2026, in federal court against DHS and Secretary Markwayne Mullin, seeking to bar ICE agents from serving warrants or making arrests at polling places during the midterm elections. The complaint invokes an 1865 law criminalizing armed federal officers at an election site absent "armed enemies of the United States."

The administration has not announced a formal deployment plan, but Mullin said last week ICE would appear at polling places if there is "a threat to that polling place" or officers are "serving a warrant" on someone already being tracked, language plaintiffs say invites the intimidation the 1865 law was meant to prevent. Denver Mayor Mike Johnston called the deployment an attempt to "scare people and suppress votes."

The suit, filed weeks before Election Day, asks a federal judge to enjoin DHS from stationing armed agents at voting sites; no ruling had been issued as of this writing.