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John,
DHS Secretary Markwayne Mullin told reporters that ICE agents can—and very likely will—be deployed to polling places if he so chooses.
Mullin said ICE will conduct operations at polling places “if there is a threat” or if “we’re serving a warrant on someone that we have been actively tracking down. If we’re serving a warrant we will be where we need to be.”
The Secretary’s comments are not reasonable and, importantly, they are not legal: federal law prohibits and imposes a possible penalty of up to 5 years in prison for federal officials who order or knowingly order “armed men” to a location where an election is taking place. The law also allows disqualification from federal office for officials who violate it.
Put very plainly: armed ICE agents cannot make arrests and conduct routine law enforcement operations at polling places while an election is taking place. Full stop.
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