Arlington County Sues Trump Administration To Keep Armed Agents Away From Polls

ARLINGTON, VA — Arlington County has sued the Trump administration to block armed federal agents from appearing at polling places, arguing that immigration and law enforcement operations at voting sites would violate federal law and could intimidate voters ahead of the Nov. 3 election.

The Arlington County Board filed the lawsuit Tuesday in U.S. District Court in Alexandria, seeking an order prohibiting armed Immigration and Customs Enforcement and FBI agents from conducting enforcement operations at polling places, early voting sites and ballot drop boxes.

The lawsuit names the U.S. departments of Homeland Security and Justice, ICE, the FBI and several senior federal officials, including Homeland Security Secretary Markwayne Mullin, Attorney General Todd Blanche and FBI Director Kash Patel.

County officials claim the administration has adopted policies allowing armed federal agents to enter polling places for immigration enforcement and election-related investigations, despite a federal law dating to 1865 that generally prohibits federal officials from bringing armed personnel to election sites.

"Threatening to send armed agents to polling stations is unlawful and contravenes the bedrock values of free and fair elections we hold dear in this country," Arlington County Board Chair Matt de Ferranti said in a statement. "These statements are a clear attempt to stoke fear and undermine confidence in our elections."

The lawsuit cites 18 U.S.C. Section 592, which prohibits federal officials from bringing armed personnel to places where elections are held unless necessary to repel armed enemies of the United States.

Arlington argues that federal immigration enforcement and routine election investigations do not qualify for that exception.

County Says Threat Has Already Cost Taxpayers

The 42-page complaint details steps Arlington officials say they have taken to prepare for the possibility of armed federal agents appearing at polling places.

According to the lawsuit, county officials conducted a four-hour emergency preparedness exercise on Sept. 16 involving police, prosecutors, election officials and attorneys.

The exercise addressed how local authorities should respond if armed federal agents appeared at polling places, including whether Arlington police could make arrests, how officials would communicate and whether voting locations might need to be moved.

The county also held a voter safety town hall on Sept. 22 after residents raised concerns about encountering federal agents while voting.

The lawsuit says Arlington's Commonwealth's Attorney's Office plans to deploy six attorneys to monitor polling places and respond to election-related emergencies, compared with the two or three attorneys typically assigned in previous elections.

The county's election office has also expanded training, public communications and contingency planning. Arlington police have revised their Election Day procedures and plan to increase staffing partly because of concerns about potential confrontations involving federal officers.

County officials argue those preparations have diverted taxpayer money and staff time from other government responsibilities.

Federal Officials' Statements Cited

The lawsuit points to statements by Mullin and Patel as evidence that federal agencies believe they have authority to conduct operations at polling places.

In September, Mullin said ICE agents could go to polling locations in response to threats or to serve warrants on individuals they were pursuing.

White House border czar Tom Homan later said there were no plans for immigration-enforcement sweeps at polling places, though he maintained that ICE could pursue public-safety and national-security threats.

Patel, meanwhile, told a Senate committee that the FBI maintains election crimes coordinators in its field offices and would continue investigating election interference.

Arlington argues that the agencies' asserted authority conflicts with federal law and infringes on state and local governments' responsibility to administer elections.

The complaint also cites reported ICE enforcement activity at polling locations in Texas, California and New York earlier this year.

The federal government's statements do not establish that armed agents have been ordered to Arlington polling places, and the complaint does not identify a specific deployment planned for the county.

What Arlington Wants The Court To Do

The County Board is asking a federal judge to declare the challenged policies unlawful and prohibit armed federal personnel from being deployed to Arlington voting locations, including curbside voting areas and ballot drop boxes, except under circumstances permitted by federal law.

The lawsuit raises four legal claims, including alleged violations of the Administrative Procedure Act and the 10th Amendment, which addresses powers reserved to states.

Arlington is represented by its County Attorney's Office, Democracy Forward and Public Rights Project.

The lawsuit was filed as early voting continues in Arlington ahead of the Nov. 3 general election. The county operates 54 neighborhood voting precincts on Election Day.

The full 42-page federal complaint is available through Arlington County's website.