The County Board's federal suit asks a judge to bar armed ICE and FBI agents from Arlington polling places, early voting sites and drop boxes before the Nov. 3 election.

The Arlington County Board has sued the federal government to keep armed immigration and FBI agents away from the county’s polling places. The board filed the suit Monday, Oct. 20, in the U.S. District Court for the Eastern District of Virginia in Alexandria. Early voting was already underway.

The suit names the Department of Homeland Security, Immigration and Customs Enforcement, the Justice Department and the FBI, along with their leaders. It asks a judge to strike down what it calls their “Polling Place Policies” and to bar armed federal agents from election sites in Arlington. The case is County Board of Arlington County, Virginia v. U.S. Department of Homeland Security, No. 1:26-cv-03505.

The county announced the filing on its newsroom, republishing a release from Democracy Forward, which represents the board with Public Rights Project and the County Attorney’s Office. The 42-page complaint is posted by Democracy Forward.

What the county is asking for

The complaint asks the court to:

  • declare the DHS and Justice Department policies unlawful, set them aside and block them
  • declare that the agencies have no authority to keep armed officers at any place where an election is held
  • bar armed federal personnel from Arlington polling sites, early voting sites, drop boxes and curbside voting, unless needed “to repel armed enemies of the United States”
  • award the county its costs and attorneys’ fees

The suit rests on an 1865 law, now 18 U.S.C. 592. It makes it a crime for a federal official to send “troops or armed men” to a place where an election is held, except to repel armed enemies of the United States. The complaint also says the policies break the Administrative Procedure Act and intrude on state and local power to run elections.

According to the release, Homeland Security Secretary Markwayne Mullin confirmed in September that ICE agents could carry out enforcement at polling places, including serving warrants. It says FBI Director Kash Patel said the FBI could send armed agents to polling places for election-related enforcement.

“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,” County Board Chair Matt de Ferranti said in the release. “These statements are a clear attempt to stoke fear and undermine confidence in our elections.”

What Arlington says it has already spent

Most of the complaint describes work Arlington’s election, police and prosecutors’ offices say they have had to do because of the federal policies:

  • Sept. 16: Commonwealth’s Attorney Parisa Dehghani-Tafti’s office ran a four-hour tabletop exercise with about a dozen other officials, including the police chief and three other Arlington County police officials. Five prosecutors spent nearly 30 hours on it. Topics included whether police should make arrests and when polling places might have to move.
  • Sept. 22: the commonwealth’s attorney and the general registrar held a voter safety town hall for Arlington and Falls Church residents. Staff spent more than 100 hours planning it.
  • Oct. 14: the general registrar answered voters’ questions about armed agents at a Lyon Park Civic Association forum.
  • Election Day: the commonwealth’s attorney will send six attorneys to visit polling places, up from two or three in every election since 2020, and partly open the office on a state holiday to take election complaints.

The complaint says the registrar’s office has added staff and equipment for heavier early voting, because many residents have asked about alternatives to voting on Election Day. Precinct officials now have to watch a training video on what to do if armed federal agents appear. The complaint says Arlington has 54 precincts and already uses almost all of its public schools and community centers as polling places, which makes backup plans hard.

These are the county’s claims in its own lawsuit. A judge has not ruled on them.

What it means for you

The lawsuit does not change how or where you vote. Virginia law already bars guns at polling places and voter intimidation, and the complaint cites those laws, including Va. Code 24.2-604.

The key dates:

Date Deadline
Friday, Oct. 23, 5 p.m. Last day to request a mail ballot
Saturday, Oct. 31 Last day of early in-person voting
Tuesday, Nov. 3, 6 a.m. to 7 p.m. Election Day; mail ballots due in a drop box or at a polling place by 7 p.m.

The Arlington elections office calendar lists the mail ballot deadline. Same-day registration is available during early voting and on Election Day. Where to vote early, which ID to bring and what is on the ballot are on our Arlington voting guide.

We will update this story when the court acts on the case.

Frequently asked questions

Why is Arlington County suing over federal agents at polling places?

The County Board says federal policies allowing armed ICE and FBI agents at polling sites break an 1865 federal law, now 18 U.S.C. 592, that bars armed federal personnel at election sites except to repel armed enemies of the United States. It filed suit Oct. 20 in federal court in Alexandria.

Can I still vote early in Arlington?

Yes. Early in-person voting runs through Saturday, Oct. 31, and Election Day is Tuesday, Nov. 3.