Elections Attorney Vows to Sue Trump Over Alleged ICE Plot at Polling Stations

Warns of "existential threat to democracy" if ICE agents are deployed to voting sites in midterm elections

Published on Feb. 9, 2026

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Marc Elias, a prominent elections attorney, has vowed to take legal action against former President Trump if his administration attempts to deploy U.S. Immigration and Customs Enforcement (ICE) agents to polling stations during the upcoming midterm elections. Elias warned that such a move would be illegal and could further undermine democratic processes in the country.

Why it matters

The potential presence of ICE agents at voting sites raises serious concerns about voter intimidation and suppression, particularly for immigrant communities. Elias' pledge to take legal action highlights the high stakes involved in protecting the integrity of elections and ensuring all eligible voters can participate freely and safely.

The details

In an appearance on Brian Tyler Cohen's podcast, Elias reacted strongly to comments made by former Trump advisor Steve Bannon, who suggested that ICE agents would be "surrounding the polls" during the midterm elections. Elias described this as an "existential threat to democracy" and vowed that he and others would "sue, and we usually win." He cited the Trump campaign's numerous legal defeats in the 2020 election as evidence of his willingness and ability to challenge such actions in court.

  • The midterm elections are scheduled for November 2026.

The players

Marc Elias

A prominent elections attorney who has successfully challenged the Trump campaign's legal efforts to overturn the results of the 2020 presidential election.

Steve Bannon

Former advisor to President Trump and a key figure in the "MAGA" movement, who suggested that ICE agents would be deployed to polling stations during the midterm elections.

Donald Trump

The former President of the United States, whose administration's potential deployment of ICE agents to voting sites has drawn strong criticism and legal threats from Elias.

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What they’re saying

“Anyone who watches that clip and does not have shivers go down their spine, I don't know what to tell them.”

— Marc Elias, Elections Attorney (Brian Tyler Cohen Podcast)

“We are facing an existential threat to democracy right now. Steve Bannon didn't just say that there would be ICE in cities, what Steve Bannon said is that it would be ICE surrounding the polls.”

— Marc Elias, Elections Attorney (Brian Tyler Cohen Podcast)

“When I say we're going to sue, we sue, and we usually win. Donald Trump and his cronies know that because after the 2020 election, I beat him and his team more than 60 times in court, and we'll do everything we can do this time to make sure we have free and fair elections.”

— Marc Elias, Elections Attorney (Brian Tyler Cohen Podcast)

What’s next

Elias has vowed to take legal action against the Trump administration if it attempts to deploy ICE agents to polling stations during the midterm elections. The courts will likely play a crucial role in determining the legality of such a move and protecting the integrity of the electoral process.

The takeaway

This case highlights the ongoing threats to democratic norms and the rule of law in the United States, as well as the importance of vigilant legal action to safeguard the fundamental right to vote. The potential deployment of federal immigration enforcement agents at polling sites would represent a dangerous escalation of efforts to intimidate and suppress voters, particularly in immigrant communities.