Fact Check: Were ICE officers told to avoid uniforms while US voting?

EXPLAINER

A viral claim suggests immigration officers were told not to wear uniforms to avoid scaring undocumented migrants. Not true.

A viral and misleading Instagram video claimed US Immigration and Customs Enforcement leaders barred employees from wearing uniforms to the polls to avoid alarming noncitizens who were casting ballots, during the November 5 vote.

“Just got word that in Arizona and in Pennsylvania … they have got word from their higher-ups, when they go to vote tomorrow, they are not allowed to wear their uniform or their badges,” conservative commentator Ben Bergquam said in a November 5 Instagram video.

“And they believe it’s because Kamala Harris and Joe Biden don’t want to intimidate illegal aliens voting,” he added.

Bergquam repeated these claims in an interview that morning with Steve Bannon, a one-time adviser to former President Donald Trump, the Republican presidential nominee.

Ice agents are told not to wear their uniforms to vote today. Can you believe this BS?

Actually yes, yes I can. pic.twitter.com/ODEaqd4DPB

— 🇺🇸Land Of ILLUSION🇺🇸 (@Landofillusion1) November 5, 2024

The Instagram video was flagged as part of Meta’s efforts to combat false news and misinformation on its News Feed. (Read more about our partnership with Meta, which owns Facebook, Threads and Instagram.)

White House spokesperson Andrew Bates told PolitiFact the claim was false.

First, non-citizens are not eligible to vote in federal elections. Noncitizens who vote face federal and state penalties including imprisonment and, if they are illegally in the country, deportation.

Second, federal law prohibits armed and civil law enforcement activity at polling places, except when it is “necessary to repel armed enemies of the United States”. This provision prevents immigration enforcement at polling locations.

Field directors and agents in charge reminded employees not to wear uniforms and other markings while they were voting, citing the US code.

“Like all federal law enforcement officers, the agency’s officers and agents are prohibited by federal statute from taking enforcement actions at polling places,” Immigration and Customs Enforcement spokesperson Jeff Carter told PolitiFact.

This is not the first time federal agencies have reminded employees about conduct during elections. In 2020, during Trump’s presidency, the Department of Defense reminded military service members about the uniform policy.

“All members of the armed forces, including active-duty members, members of the reserve components not on active duty, and retired members are prohibited from wearing military uniforms at political campaign or election events,” a 2020 department reminder said.

Federal law prohibits military service members from interfering in election processes.

Some states, including New York and Maryland, also bar civilians from wearing military-style clothes at polling places.

The statement that ICE officials were told not to wear uniforms at the polls to not intimidate non-citizens voting contains an element of truth but ignores critical facts that would give a different impression. It reflects a longstanding law about civil law enforcement activity at polling places.

We rate the claim Mostly False.