What does Preamble of Hold ICE Accountable Act of 2026 do?

This bill proposes to establish a mechanism for the appointment of a special prosecutor. The special prosecutor would investigate any unlawful actions committed by officers or employees of the Department of Homeland Security. These actions must have occurred on or after January 20, 2025.

What does SHORT TITLE. of Hold ICE Accountable Act of 2026 do?

This bill is formally titled the Hold ICE Accountable Act of 2026.

What does APPOINTMENT OF SPECIAL PROSECUTOR. of Hold ICE Accountable Act of 2026 do?

This section establishes a process for appointing a special prosecutor to investigate actions by Department of Homeland Security (DHS) officers or employees. An application from the Attorney General or a state attorney general triggers the appointment process. The chief judge of the U.S. Court of Appeals for the District of Columbia Circuit will appoint a three-judge panel to select the special prosecutor. The special prosecutor must be a lawyer with a reputation for integrity and relevant experience. Candidates for special prosecutor cannot be current or recent employees or clients of the U.S. government. The special prosecutor can investigate actions occurring on or after January 20, 2025, that are alleged to be unlawful and deemed credible. The panel will ensure the special prosecutor undergoes a background check and review of ethical conduct and conflicts of interest.

What does STAFFING. of Hold ICE Accountable Act of 2026 do?

This section outlines the staffing procedures for a special prosecutor appointed under section 2. The special prosecutor can appoint legal, administrative, and support personnel. Appointments are not subject to approval or supervision from other offices or agencies. Staff salaries will be determined by General Schedule pay rates. The special prosecutor has disciplinary authority over staff for misconduct and ethical breaches, consistent with Department of Justice standards. The special prosecutor is the sole authority for staff removals, reassignments, and reductions in force.

What does POWERS OF THE OFFICE. of Hold ICE Accountable Act of 2026 do?

This section outlines the powers of a special prosecutor appointed under section 2. The special prosecutor has the full power and independent authority to exercise investigative and prosecutorial functions of a United States Attorney within their jurisdiction. The special prosecutor's jurisdiction includes investigating and prosecuting federal crimes intended to interfere with their investigation, such as perjury and obstruction of justice. The special prosecutor must comply with Department of Justice rules but operates free from undue influence and day-to-day supervision. The special prosecutor determines the extent of communication with the Attorney General and others within the Department of Justice. The special prosecutor may make public statements or reports on their activities and shall send them to Congress. The House and Senate Judiciary Committees have oversight jurisdiction over the special prosecutor and the prosecutor must cooperate. The special prosecutor must report to a three-judge panel in camera 90 days before each fiscal year. The three-judge panel may release portions of the report to Congress or the public, protecting individual rights and preventing interference with prosecutions. Upon concluding the investigation, the special prosecutor must provide a confidential report to the Attorney General, the three-judge panel, and congressional committee leaders explaining prosecution decisions.

What does REMOVAL. of Hold ICE Accountable Act of 2026 do?

A special prosecutor appointed under section 2 can only be removed from office by the Attorney General. The Attorney General may remove a special prosecutor for good cause, physical disability, mental incapacity, or a condition substantially impairing their duties. The Attorney General must provide written notification to the special prosecutor detailing the reason for removal. Upon removal, the Attorney General must submit a report to a three-judge panel and relevant congressional committees, specifying the facts and grounds for removal. Congressional committees must make the removal report public, with potential redactions or postponement approved by the three-judge panel to protect individual rights or pending prosecutions. A removed special prosecutor can petition the United States District Court for the District of Columbia for review of the removal's compliance with section 5(b)(1). The court may reinstate the special prosecutor if the removal was based on an error of law or fact.

What does CIVIL LIABILITY. of Hold ICE Accountable Act of 2026 do?

This section establishes a civil liability framework related to actions by an individual indicted by the special prosecutor established in this Act. Parties deprived of their constitutional or legal rights may bring a civil action against the indicted individual in a U.S. district court. Available damages include compensatory (economic), non-economic (emotional distress and pain and suffering), and punitive damages. Punitive damages require proof of malicious, intentional, fraudulent, or reckless conduct by clear and convincing evidence. The defense of qualified immunity is explicitly barred in civil actions under this section. Defendants cannot claim they were acting in good faith or reasonably believed their conduct was lawful.

What does AUTHORIZATION OF APPROPRIATIONS. of Hold ICE Accountable Act of 2026 do?

This section authorizes appropriations for carrying out the Act. Funds appropriated in accordance with this section are available to a special prosecutor appointed under section 2. The special prosecutor can access these funds for a period of 5 fiscal years. If a court finds a provision unconstitutional, that provision will be severed from the Act. The remaining provisions of the Act will remain enforceable despite the severance.

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Hold ICE Accountable Act of 2026

Last updated: 3/27/2026 · Introduced: 3/27/2026

Author: Haley Stevens (D-MI)

TL;DR (AI)

This bill establishes a process for appointing a special prosecutor to investigate unlawful actions by Department of Homeland Security officers or employees occurring on or after January 20, 2025.
The special prosecutor will have independent authority to conduct investigations and prosecutions, similar to a United States Attorney, while operating free from undue influence.
Staffing for the special prosecutor's office will be managed independently, with personnel appointed and disciplined according to Department of Justice standards.
Individuals indicted by the special prosecutor will be subject to civil lawsuits seeking compensatory, non-economic, and punitive damages, with the defense of qualified immunity explicitly barred.
The Act authorizes appropriations for the special prosecutor's operations over a five-year period.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 6 more.

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