Hold ICE Accountable Act of 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.