federal agent

SANTA FE, N.M. — Democratic-led states alarmed by the prospect of federal immigration officers patrolling the polls during this year’s midterm elections are taking steps to counter what they see as a potential tactic to intimidate voters.

New Mexico this week became the first state to bar armed agents from polling locations in response to President Trump’s immigration crackdown, a step being considered in at least half a dozen other Democratic-led states.

The moves highlight a deep distrust toward the Trump administration from blue states, which have been the target of his aggressive immigration tactics while threatened with military deployments and deep cuts in federal funding. Their concerns were heightened after the president suggested he wants to nationalize U.S. elections, even though the Constitution says it’s the states that run elections.

The Trump administration said it has no plans to deploy immigration agents to polling locations. Last month, the heads of Immigration and Customs Enforcement and Border Patrol told a congressional committee “No, sir” when asked if they had any plans to guard polling places. The Department of Homeland Security’s deputy assistant secretary for election integrity, Heather Honey, recently told secretaries of state it “is simply not true” that immigration agents will be at the polls this year.

But a group of eight secretaries of state wants that in writing from the nominee to succeed Kristi Noem as secretary of the Department of Homeland Security. In a letter Monday to Trump’s new pick to lead the agency, Markwayne Mullin, the group pressed for assurances “that ICE will not have a presence at polling locations during the 2026 election cycle.”

Federal law already prohibits the deployment of armed federal forces to election locations unless “necessary to repel armed enemies of the United States,” but Democratic lawmakers, election officials and governors remain concerned.

“The fear is that the Trump administration will attempt to evoke a national emergency or execute some other deployment of federal agents or military troops in order to interfere with elections and intimidate voters,” said Connecticut Democratic state Rep. Matt Blumenthal, co-author of a state bill to establish a 250-foot buffer from federal agents at local polls and other restrictions on federal intervention. “And we’re not going to let that happen.”

A potential clash between states and the federal government

Other bills seeking to ban immigration agents at the polls are pending in Democratic-led states, large and small, from California to Rhode Island.

In Virginia, lawmakers are weighing legislation that could prevent federal civil immigration officials from making arrests within 40 feet of any polling place or courthouse. But the provision on polling sites remains under negotiation, and it’s unclear whether it will be in the final bill.

The newly signed law in New Mexico prohibits orders that put any armed person in the “civil, military or naval service of the United States” at local polling locations and related parking areas, or within 50 feet of a monitored ballot box, from the start of early voting.

Under New Mexico’s new law, which takes effect in May and will be in place for the state’s June 2 primary, people who experience intimidation or obstruction at the polls from federal agents or military personnel can file a civil lawsuit seeking relief in state courts. State prosecutors and local and state election officials also can sue, and the courts can apply fines of up to $50,000 per violation.

It also prohibits changes to voting qualifications and election rules and procedures that conflict with New Mexico law, as Trump prods the U.S. Senate to approve a bill to impose strict new proof-of-citizenship requirements in elections nationwide.

Any state measures intended to counter federal election law will face legal hurdles because of the supremacy clause in the U.S. Constitution, which says federal law supersedes state law.

“It could set up a direct clash between state governments and the federal government. We don’t know exactly how that’s going to go,” said Richard Hasen, director of the Safeguarding Democracy Project at the UCLA School of Law. “Given the supremacy clause, there’s only so much states can do.”

‘We will hold free and fair elections’

New Mexico Gov. Michelle Lujan Grisham said her own distrust of the Trump administration in election oversight stems from ongoing Department of Justice efforts to get detailed state voter data without explaining why and Trump’s continuing false claims of widespread fraud in the 2020 presidential election.

“Do I believe the federal government and people in the White House? No,” said Lujan Grisham, who terms out of office at the end of 2026.

“We are sending a message to everyone: We will hold free and fair elections, and New Mexicans will be safe in every ballot location and that’s our responsibility,” the Democrat said Tuesday during a news conference. “The Constitution says the states run their elections, and that bill makes that painfully re-clear to the federal government.”

Federal seizure of ballots and election records is a growing concern

New Mexico Republicans, who are in the minority in the legislature, voted in unison against the bill.

“I would question strongly why we have to do this other than just to have to poke the president in the eye,” state GOP Sen. Bill Sharer of Farmington said during floor debate.

State Sen. Katy Duhigg, an Albuquerque Democrat who was a co-sponsor of the legislation, said it’s “better safe than sorry with democracy.” She said she wanted to “make sure that there was some sort of tool that our local law enforcement would have at their disposal if something does happen, if the federal government does in some manner try to interfere with our elections.”

Connecticut’s bill, scheduled for a hearing later this week, also takes aim at federal attempts to seize ballots or other election material. It would require that state officials receive notification of such a move.

Blumenthal said state lawmakers can’t prevent seizures such as the January search by the FBI on an election center in Fulton County, Ga., a Democratic stronghold that includes Atlanta. But he said, “there might be an opportunity for our state attorney general’s office or the secretary of the state’s office to challenge that.”

Lee and Haigh write for the Associated Press. Haigh reported from Hartford, Conn. AP writer Oliva Diaz in Richmond, Va., and David A. Lieb in Jefferson City, Mo., contributed to this report.

WASHINGTON — Homeland Security Secretary Kristi Noem arrived at a Senate oversight hearing Tuesday ready to spar with Democrats in her first Capitol Hill appearance since federal agents fatally shot U.S. citizens Alex Pretti and Renee Good in Minneapolis.

But some of the sharpest comments from the Judiciary Committee came from fellow Republicans, who questioned her leadership, criticized her spending practices and called on her to admit that she was wrong to call Pretti and Good “domestic terrorists.”

“What we’ve seen is a disaster under your leadership, Ms. Noem, a disaster,” Sen. Thom Tillis (R-N.C.) said. “The fact is you can’t even admit to a mistake. It looks like an investigation is going to prove that Ms. Good and Mr. Pretti probably should not have been shot in the face and in the back.”

Tillis hardly questioned Noem on specifics, choosing instead to deliver a blistering, high-volume “performance evaluation,” of the Homeland Security secretary. He accused Noem and Trump advisor Stephen Miller of prioritizing deportation quotas instead of investigating the “vicious” ICE agents involved in the Minnesota shootings.

“We’re not going after the people who did that damage at the expense of running numbers that Stephen Miller wants out of the White House,” he said. “We just want numbers. We want 1,000 a day, 6,000 a day, 9,000 a day. Because numbers matter, right? No, they don’t matter. Quality matters.”

Sen. Adam Schiff (D-Calif.) also brought up Pretti and Good: “Did you determine whether there was any basis for the sensational claim, a claim that proved to be utterly false, that these two victims were engaged in domestic terrorism?” he asked.

Noem used the hearing to defend a series of decisions now under bipartisan scrutiny. She said Immigration and Customs Enforcement officers face “serious and escalating threats” due to what she called “deliberate mischaracterizations” of their work.

She called the Minneapolis deaths “tragic situations,” and said the phrase “domestic terrorists” was based on early information she received from the agents from the city. “It was a chaotic scene,” Noem said. She did not apologize for using the phrase or say it was inaccurate.

Noem stood behind President Trump’s mass deportation agenda and said ICE is focusing on the “worst of the worst.” Recent reporting by the Cato Institute found that just 5% of ICE detainees have been convicted of violent offenses, and three-fourths have no criminal convictions at all.

The hearing came amid a partial shutdown of the Department of Homeland Security, triggered last month when Senate Democrats blocked funding in a standoff over immigration enforcement practices. As tensions mount in Iran, lawmakers are increasingly concerned about the security risks of leaving the department unfunded.

In her opening statement, Noem decried the shutdown as “reckless” and “unnecessary,” and accused Democrats of putting U.S. security posture at risk.

Sen. John Kennedy (R-La.) pointedly asked about a $200-million ad campaign promoting immigration enforcement — a campaign that features Noem and was awarded to a firm led by a friend. Such spending “troubles me,” he said, adding, “I just can’t agree with that, Madam Secretary. My research shows you did not bid this out.”

Noem maintained that Trump directed the messaging strategy and argued it has been “extremely effective” in deterring illegal immigration. She said she “didn’t have anything to do with picking those contractors.”

The back-and-forth became increasingly heated as Kennedy also peppered Noem for characterizing Good and Pretti as domestic terrorists.

“What got my attention was that you blamed those statements on Mr. Stephen Miller,” Kennedy said, referencing an Axios report quoting Noem.

She dodged the line of questioning, saying the sources Axios used in the report were “anonymous,” and, by her logic, not credible.

“This wasn’t anonymous. It was you,” Kennedy said. “They’re quoting you on the record saying it was Stephen.”

On numerous occasions throughout the hearing, the secretary was asked about her purchase of two luxury Gulfstream G700 jets at a combined cost of $200 million in taxpayer funds.

Reportedly designed by New York designer Peter Marino, the planes include private bedroom suites with queen-size beds, bathrooms with stand-up showers and electric bidets, and a lounge with a wet bar and wine chiller, according to images obtained by NBC.

Noem argued the purchases were authorized by Congress for executive travel and deportation operations.

In another testy exchange, Delaware Sen. Chris Coons pressed Noem over recent statements that she planned to station ICE officers at polling locations in November, to “make sure we have the right people voting, electing the right leaders.” She said her department had no such plan in place but fell short of committing to ruling it out.

Sen. Lindsey Graham (R-S.C.) endorsed investigations into ICE shootings, though his statements were largely designed to cast Noem in a favorable light.

“I’d like to make sure if there was a bad shooting as documented as such, and people pay a price. But I will not apologize to anybody in this room to try to clean up the mess that Biden started, and you empowered,” he said.

Democrats, meanwhile, accused Noem of presiding over “thuggish” and “illegal” enforcement tactics and demanded independent investigations into several incidents throughout the U.S.

Accusing Noem of routinely making false statements about ICE shooting victims while impeding state, local, and independent investigations, Schiff cited an episode in which immigration agents shot U.S. citizen and Chicago resident Marimar Martinez. In November, a federal judge raised concerns that agents mishandled or destroyed key physical evidence in the case.

“Our internal investigations are following the same policies as they always have,” Noem responded.

“Will you take some responsibility?” Schiff said. “How is the public supposed to believe anything your agency says or finds?”

Over 180 lawmakers have co-sponsored articles of impeachment against Noem. Tillis and Alaska Republican Lisa Murkowski last month called for Noem to resign or face impeachment by Congress.

On Tuesday, Tillis said her responses to the committee amounted to stonewalling. “That’s a failure of leadership, and that is why I’ve called for your resignation,” he said.

The United States, President Trump said Tuesday night, is “bigger, better, richer and stronger than ever.”

“We are the hottest country anywhere in the world,” Trump said in his State of the Union address. “The economy is roaring like never before. America is respected again like never before. We’re winning so much we can’t take it.”

Not so, countered U.S. Sen. Alex Padilla (D-Calif.).

“We just heard Donald Trump do what he does best: lie,” Padilla said.

In a Spanish-language rebuttal delivered on behalf of the Democratic Party, Padilla rebuked the president’s claim that he has brought about the “golden age of America,” accusing Trump of spurring economic uncertainty and plunging U.S. cities into violence.

President Trump gives his State of the Union address to a joint session of Congress at the Capitol in Washington.

(J. Scott Applewhite / Associated Press)

“The truth is that the State of our Union does not feel strong for everyone,” Padilla said. “Not when the costs of rent, food and electricity keep rising. Not when Republicans raise our medical costs to fund tax cuts for billionaires. And definitely not when federal agents — armed and masked — terrorize our communities by targeting people because of the color of their skin or for speaking Spanish — including immigrants with legal status and citizens.”

Padilla and Virginia Gov. Abigail Spanberger, who delivered the Democratic rebuttal in English, countered Trump’s upbeat pronouncements by painting a starkly different picture of a country that is deeply divided months before critical midterm congressional elections.

Trump, whose approval ratings have slumped amid concerns about the economy and the harsh tactics deployed in his mass-deportation campaign, touted what he described as victories on foreign policy, including the U.S. ouster of Venezuelan president Nicolás Maduro, and a slowing of inflation.

Padilla sought to counter those claims and rally support for Democrats, who have struggled to formulate an effective response to Trump as he has dominated national discourse in recent years.

Spanberger, speaking from Colonial Williamsburg in Virginia, questioned whether Trump is working on behalf of Americans — or in his own self-interest.

Trump, she said, repeatedly has sought to deflect attention away from accusations that he is using the Oval Office to enrich himself and his family and the scandal involving Jeffrey Epstein, the disgraced financier and sex offender.

“We did not hear the truth from our president,” Spanberger said. “He lied, he scapegoated and he distracted.”

Spanberger, who beat her Republican opponent in the purple state of Virginia last fall by 15 points, said voters are struggling under Trump’s policies and beginning to turn on him. Political winds, she said, are shifting in favor of the Democrats.

Padilla focused heavily on the Trump administration’s immigration crackdown in cities such as Los Angeles and Minneapolis, where agents this year killed two U.S. citizens who were protesting deportations.

“We see ICE agents using excessive force: entering homes without judicial warrants and shooting at cars with families still inside,” Padilla said. “We are living a nightmare that divides and destroys our communities.”

He was, he said, partly speaking from experience.

Last year, federal agents tackled Padilla to the floor and handcuffed him after he sought to question Homeland Security Secretary Kristi Noem at a news conference in Los Angeles.

Padilla referenced the incident in his speech and encouraged others to defy Trump.

“I am still here standing. Still fighting,” he said. “And I know you are still standing and still fighting too.”

“Trump does not want us to recognize our power,” he said.

Padilla also slipped in a reference to Puerto Rican pop star Bad Bunny, who was criticized by Trump for performing in Spanish during the halftime of the Super Bowl.

“As Bad Bunny reminded us a few weeks ago: ‘Together, we are America.’” Padilla said. “Together, we rise, because our faith is stronger than any disappointment or any obstacle — including Trump. And together, we will build the future our children deserve.”