The bill establishes a mechanism for appointing a special prosecutor to investigate alleged unlawful actions by Department of Homeland Security (DHS) officers or employees. This appointment is triggered by an application from the Attorney General or a state attorney general, leading to a three-judge panel selecting a qualified, independent lawyer. The special prosecutor's jurisdiction covers actions occurring on or after January 20, 2025 , that are alleged to be unlawful and deemed credible. Once appointed, the special prosecutor is granted the full investigative and prosecutorial functions of a U.S. Attorney, including the power to investigate crimes that interfere with their own inquiry. They operate with significant independence, free from day-to-day supervision by the Department of Justice, and can appoint their own staff. The bill outlines reporting requirements to Congress and the three-judge panel, and specifies that the special prosecutor can only be removed by the Attorney General for good cause , with judicial review available. A significant provision of the bill creates civil liability for individuals indicted by the special prosecutor, allowing those deprived of their constitutional rights to sue for compensatory, non-economic, and punitive damages. Critically, it bars qualified immunity as a defense in these civil actions, preventing defendants from claiming good faith or that the rights were not clearly established. The Act authorizes necessary appropriations for the special prosecutor's office for a period of five fiscal years.
Get AI-generated questions to help you understand this bill better
Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Introduced in House
Referred to the House Committee on the Judiciary.
Law
Hold ICE Accountable Act of 2026
USA119th CongressHR-8154| House
| Updated: 3/27/2026
The bill establishes a mechanism for appointing a special prosecutor to investigate alleged unlawful actions by Department of Homeland Security (DHS) officers or employees. This appointment is triggered by an application from the Attorney General or a state attorney general, leading to a three-judge panel selecting a qualified, independent lawyer. The special prosecutor's jurisdiction covers actions occurring on or after January 20, 2025 , that are alleged to be unlawful and deemed credible. Once appointed, the special prosecutor is granted the full investigative and prosecutorial functions of a U.S. Attorney, including the power to investigate crimes that interfere with their own inquiry. They operate with significant independence, free from day-to-day supervision by the Department of Justice, and can appoint their own staff. The bill outlines reporting requirements to Congress and the three-judge panel, and specifies that the special prosecutor can only be removed by the Attorney General for good cause , with judicial review available. A significant provision of the bill creates civil liability for individuals indicted by the special prosecutor, allowing those deprived of their constitutional rights to sue for compensatory, non-economic, and punitive damages. Critically, it bars qualified immunity as a defense in these civil actions, preventing defendants from claiming good faith or that the rights were not clearly established. The Act authorizes necessary appropriations for the special prosecutor's office for a period of five fiscal years.