ICE told staff not to wear uniform when voting due to longstanding policy, unrelated to noncitizens

A viral and misleading Instagram video claimed U.S. Immigration and Customs Enforcement leaders barred employees from wearing uniforms to the polls to avoid alarming noncitizens who were casting ballots.

"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 Nov. 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 onetime adviser to former President Donald Trump, the Republican presidential nominee.

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, noncitizens 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.

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stated on October 13, 2024 in social media posts

Video shows former Vice President Mike Pence endorsing Vice President Kamala Harris and Minnesota Gov. Tim Walz.

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 U.S. 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 Defense Department 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 noncitizens 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.