Could ICE be stationed at the polls in NC? What federal law and state policy say
AI-generated summary reviewed by our newsroom.
- Federal law bars troops or armed men at polls except to repel armed enemies.
- NC guidance advises avoiding law enforcement presence that could intimidate voters.
- No evidence or official plan shows ICE will be coordinated at NC polling sites.
In recent months, North Carolinians have seen immigration agents descend on Charlotte and Raleigh as part of President Donald Trump’s chaotic and sometimes deadly effort to increase deportations throughout the country.
Agents have been deployed to homes, workplaces, restaurants and more — but could voters see them at the polls in November?
It’s an idea that has gained traction among some conservatives and ignited concern among civil rights groups, who worry that the agents could intimidate prospective voters, especially Latinos.
“ICE’s very presence sows fear and intimidation in communities,” Brooks Fuller, policy director of Common Cause NC, said. “... Voters should know that dozens of nonpartisan organizations will be ready to protect their votes, but it’s a travesty that any one of them would have to think twice about ICE presence in their communities while they’re trying to exercise the sacred right to cast a ballot.”
When Border Patrol was deployed to Charlotte and Raleigh, local schools reported major spikes in student absences.
Lawmakers in other states, like Arizona, have floated the idea of bringing ICE to the polls — but no proposal has come to fruition.
Meanwhile, Steve Bannon, one of Trump’s allies and a former White House strategist, said that the president’s recent decision to deploy Immigration and Customs Enforcement to airports could be a “test run” to use the agency in the 2026 elections.
But in North Carolina, no prominent elected Republicans appear to have explicitly endorsed the idea. And even if they did, federal law and state policy appear to block such a collaboration.
What does law and policy say?
“Troops or armed men” are prohibited from being stationed at the polls unless it is to “repel armed enemies of the United States,” according to longstanding federal law.
And guidance from the North Carolina State Board of Elections advises election officials to take steps to ensure voters do not feel intimidated by law enforcement.
“County boards should avoid having law enforcement officers stationed at a voting place while voting is occurring, and should avoid situations where law enforcement could be perceived as monitoring voters,” the guidance, issued in 2022, reads.
In a statement to The News & Observer, a spokesperson for the State Board of Elections said the agency “has not been made aware of any coordinated effort by ICE to be present at voting locations in North Carolina in November at this time.”
Officials within the Trump administration have pushed back on the idea that ICE would be deployed at the polls.
In February, White House Press Secretary Karoline Leavitt told reporters that the president had not considered such a plan.
“I can’t guarantee that an ICE agent won’t be around a polling location in November,” she said. “That’s frankly a very silly hypothetical question. But what I can tell you is I haven’t heard the president discuss any formal plans to put ICE outside of polling locations. It’s a disingenuous question.”
Adrianne Spoto, a voting rights lawyer with the Southern Coalition for Social Justice, said that even if ICE isn’t stationed directly at the polls, there are concerns about agents being deployed near voting sites during the election.
“Voter intimidation is still illegal, whether it’s happening at the polling site or around the polling site,” Spoto said. “... Anything that would cause concern for voters is a worry on our end. Even just the conversation — talking about the possibility of ICE being around polls — might be enough of a worry for voters that they won’t feel comfortable showing up.”
When asked about the possibility of deploying ICE to voting stations at his confirmation hearing, Markwayne Mullin, the new secretary for the Department of Homeland Security, said “The only reason why my officers would be there is if there was a specific threat for them to be there, not for intimidation.”