Denver Mayor says ‘we’ll fight tooth and nail’ against Donald Trump plan to station Armed ICE agents near polling locations

Denver Mayor Mike Johnston is vowing to fight Donald Trump‘s administration over the potential presence of armed Immigration and Customs Enforcement agents at polling places. He called the plan an attempt to scare voters and suppress turnout ahead of the 2026 midterm elections.

“Stationing ICE agents near polling places is only meant to scare people and suppress votes. We’ll fight tooth and nail to prevent it,” Johnston said in a statement.

Denver takes Trump administration to court

Denver joined Latino civil rights and voting groups in filing a federal lawsuit against Homeland Security Secretary Markwayne Mullin and the Trump administration on September 10. The plaintiffs want the court to block armed federal immigration agents from carrying out enforcement actions at polling locations.

The lawsuit argues that allowing armed ICE officers into polling places would violate a federal law dating back to the Civil War.

The law generally prohibits federal officials from bringing “troops or armed men” to places where elections are being held, except when the force is needed “to repel armed enemies of the United States.”

The plaintiffs argue that voters could be deterred from casting their ballots if they expect to encounter armed immigration agents at polling locations.

“The specter of armed officers at polling places threatens the freedom of this upcoming election,” the lawsuit states.

The case was filed by Denver alongside the League of United Latin American Citizens, UnidosUS and Common Cause.

Markwayne Mullin says ICE could be at polling sites under certain circumstances

Mullin has said that ICE will not patrol polling places during the election.

During a September 1 news conference, however, he said agents could be present under certain circumstances.

“ICE isn’t there to patrol the polling places. We’re there to enforce specific threats,” Mullin said, per El País.

“The only reason why we would be at polling places is if there is a threat to that polling place or we’re serving a warrant on someone that we have been actively tracking down,” he added.

He also said, “ICE’s job is immigration, customs enforcement. That’s their job… if we’re serving a warrant, we will be where we need to be.”

Groups warn ICE could intimidate voters

The lawsuit argues that the potential presence of armed immigration officers could have a strong impact on Latino voters and others who may fear immigration enforcement.

UnidosUS President and CEO Janet Murguía described the proposal in much stronger terms.

“Sending armed ICE officers to polling places is not immigration enforcement — it is voter suppression, plain and simple,” Murguía said.

“All Americans — including Latino voters — have a constitutional right to cast their ballot without fear of interrogation, detention, or family separation. This case is about protecting voters, preserving confidence in our elections, and ensuring that every eligible voter can participate free from intimidation,” she added.

There have also been reported encounters involving federal immigration agents at or near voting locations in Texas, California and New York.

Denver prepares for possible federal intervention

The local election officials are already preparing for the possibility of encounters between federal agents and voters.

In Denver, election workers are being prepared to document interactions with federal agents and respond if ICE appears at voting locations. The city is also developing contingency plans that could allow voters to be moved to alternative polling sites if necessary.

The lawsuit argues that the federal presence could also interfere with the work of local election officials by turning polling places into areas of confrontation.

Johnston also said: “The right to vote, and to do so without fear of intimidation, is fundamental to our democracy and to being an American.”