On September 1, Department of Homeland Security Secretary Markwayne Mullin told reporters that Immigration and Customs Enforcement agents could be deployed to polling sites across the country. He remarked, “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.” Later that day, DHS doubled down on this point. In a statement, the department said that, while ICE is not “planning operations targeting polling locations,” the agency conducts “intelligence-driven targeted enforcement, and if an active public safety threat endangered a polling location, they may be arrested as a result of that targeted enforcement action.”

Missing from those statements, however, is that this “intelligence-driven” enforcement would be based on DHS’ explicit and baseless efforts to amplify President Donald Trump’s election fraud lies. In July, Mullin said, “We will scrub all election records, looking for illegal aliens and those who are ineligible to vote, including those that somehow voted, yet they were deceased.” At the time, he also threatened to withhold federal election-related aid to states that failed to comply with the Trump administration’s probe.

That same month, DHS issued a statement alleging that over 250,000 noncitizens are illegally registered to vote in California, Pennsylvania, New Jersey, and Nevada. According to DHS employees and officials familiar with the situation, those numbers were wildly inflated. For instance, while DHS claimed that there were close to 16,000 noncitizens on Nevada’s voter list, it only managed to provide state officials with information on 185 voters. DHS failed to disclose what data they used to match those voters to noncitizens.

This is unsurprising. As the Brennan Center for Justice reports, empirical studies, state investigations, and work by journalists have consistently found that cases of noncitizens voting are exceptionally rare. Moreover, claims made by Republicans and their media allies to the contrary have been repeatedly shown to be false.

These extreme measures also point to just how afraid Trump is ahead of the midterms.

The reality is that Mullin’s DHS is actively trying to fabricate a pretext for ICE to be present at polling sites, regardless of how illegal it would be. 18 U.S.C § 592 directly prohibits any deployment of military personnel or “armed” federal agents “at any place where a general or special election is held.”

To that end, Mullin is exploiting every resource available to him. On September 1, Homeland Security Investigations (HSI) reportedly launched “a coordinated criminal voter fraud surge initiative to pursue investigative leads, conduct field interviews, and support timely prosecutorial review,” according to a federal guidance reviewed by CNN. HSI offices in Washington, Wisconsin, Missouri, Georgia, California, Pennsylvania, Nevada, New York, and Connecticut are expected to take investigative action from early September through mid October. While HSI ordinarily focuses on crimes like human trafficking, drug smuggling, and child exploitation, it has been repeatedly tasked with investigating voter fraud in Trump’s second term. In February, the White House directed the agency to determine if any naturalized citizens voted or registered to vote prior to becoming citizens. HSI has also been directed to coordinate with US Citizenship and Immigration Services (USCIS) to issue removal proceedings for noncitizens suspected of or linked to voter fraud.

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