Section 1 Short title
This Act may be cited as the “Hold ICE Accountable Act of 2026”.
Hold ICE Accountable Act of 2026
A BILL
To provide for the appointment of a special prosecutor to investigate any unlawful action by any officer or employee of the Department of Homeland Security taken on or after January 20, 2025.
Sec. 2 Appointment of Special Prosecutor
Panel— Following an application from the Attorney General or any of the attorneys general representing any of the several States, the District of Columbia, or any territory or possession of the United States, the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit shall appoint, not later than 30 days after the date of the submission of the application, a three judge panel to appoint a special prosecutor with the authority to investigate any action by any officer or employee of the Department of Homeland Security that—
occurred on or after January 20, 2025;
is alleged to be unlawful; and
is deemed credible by the special prosecutor.
Appointment— The special prosecutor shall be appointed not later than 30 days after the panel under subsection (a) is appointed from among individuals who are lawyers—
with reputations for integrity and impartial decision-making;
with appropriate experience to ensure both that any investigation will be conducted ably, expeditiously and thoroughly, and that each investigative and prosecutorial decision will be supported by an informed understanding of Federal criminal law and Department of Justice policies;
who are not employed by the United States Government in any capacity, and who do not have the United States as a client; and
who have not been employed by the United States Government in any capacity, and who have not had the United States as a client on or after January 20, 2025.
Background check— The panel shall ensure that, prior to appointment, the special prosecutor undergoes an appropriate background investigation and a detailed review of ethical conduct and conflicts of interest.
Sec. 3 Staffing
In general— A special prosecutor appointed under section 2 may appoint the legal, administrative, and support personnel necessary to perform the functions of the special prosecutor. Any appointment made pursuant to this subsection, shall not be subject to the approval or supervision of any other office or agency.
Applicability of certain civil service laws— The staff appointed under subsection (a) shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.
Discipline— Staff appointed by the special prosecutor shall be subject to disciplinary action by the special prosecutor for misconduct and breach of ethical duties under the same standards and to the same extent as are employees of the Department of Justice, as determined by the special prosecutor in accordance with law.
Staff removal— The staff appointed under subsection (a) shall not be subject to removals, reassignments, reductions in force, or similar actions by anyone but the special prosecutor.
Sec. 4 Powers of the office
In general— A special prosecutor appointed under section 2 shall exercise, within the scope of the jurisdiction of that special prosecutor under section 2, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.
Jurisdiction— The jurisdiction of a special prosecutor as established under section 2 shall also include the authority to investigate and prosecute Federal crimes committed in the course of, and with intent to interfere with, the special prosecutor 's investigation, including perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of the matter being investigated or prosecuted.
Relation to the Department of Justice— A special prosecutor shall independently comply with the rules, regulations, procedures, practices, and policies of the Department of Justice, shall be allowed to operate free from undue influence or improper direction from any official of the Department of Justice, and shall not be subject to the day-to-day supervision of any official of the Department. The special prosecutor shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department of Justice about the conduct of the office of special prosecutor.
Reporting and Congressional oversight—
A special prosecutor appointed under this chapter may make public from time to time, and shall send to the Congress statements or reports on the activities of such special prosecutor. These statements and reports shall contain such information as such special prosecutor deems appropriate.
The Committees on the Judiciary of the House of Representatives and of the Senate shall have oversight jurisdiction with respect to the official conduct of any special prosecutor appointed under this chapter, and such special prosecutor shall have the duty to cooperate with the exercise of such oversight jurisdiction.
90 days before the beginning of each fiscal year after the appointment of a special prosecutor under section 2, the special prosecutor shall report in camera to the three judge panel referred to in such section on the status of each investigation.
The three judge panel may release to the Congress, the public, or to any appropriate person, such portions of a report made under this subsection as the division deems appropriate as consistent with law. The division of the court shall make such orders as are appropriate to protect the rights of any individual named in such report and to prevent undue interference with any pending prosecution.
When the special prosecutor concludes their investigation, the special prosecutor shall provide the Attorney General, the three judge panel, and the Chairman and Ranking Minority Member of the Committees on the Judiciary of the House of Representatives and of the Senate with a confidential report explaining each decision of the special prosecutor as to whether or not to prosecute an alleged offense.
Sec. 5 Removal
In general— A special prosecutor appointed under section 2 may only be removed from office by the Attorney General.
Standard for removal—
In general— The Attorney General may only remove a special prosecutor appointed under section 2 for good cause, physical disability, mental incapacity, or any other condition that substantially impairs the performance of such independent counsel's duties. The Attorney General shall inform the special prosecutor in writing of the specific reason for removal.
Report on removal— If a special prosecutor is removed from office, the Attorney General shall promptly submit to the three judge panel and the Committees on the Judiciary of the Senate and the House of Representatives a report specifying the facts found and the ultimate grounds for such removal. The committees shall make available to the public such report, except that each committee may, if necessary to protect the rights of any individual named in the report or to prevent undue interference with any pending prosecution, redact or postpone publishing any or all of the report with the unanimous approval of the three judge panel.
Review— Upon petition by a special prosecutor removed by the Attorney General, such removal shall be reviewed for compliance with section 5(b)(1) not later than 30 days after the filing of the petition by the United States District Court for the District of Columbia. Either party may appeal within 30 days and be subject to expedited review. If such removal was based on error of law or fact, the court may reinstate the special prosecutor.
Sec. 6 Civil liability
In general— Any party deprived of his rights, privileges, or immunities secured by the Constitution and laws of the United States as a result of the actions for which an individual is indicted by the special prosecutor established in this Act may bring a civil action against that individual in the appropriate district court of the United States.
Damages— Damages available pursuant to such action may include—
compensatory damages, including all economic damages associated with the deprivation of rights, privileges, or immunities;
non-economic damages for emotional distress and pain and suffering; and
punitive damages, if the party proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently, or recklessly.
Bar on qualified immunity— Any individual alleged to be liable in a civil action under subsection (a) may not invoke a defense or immunity in any action that—
the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that his or her conduct was lawful at the time when the conduct was committed; or
the rights, privileges, or immunities secured by the Constitution and laws were not clearly established at the time of their deprivation by the defendant, or that at such time, the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.
Sec. 7 Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this Act. Amounts made available in appropriations Acts in accordance with this section shall be available to a special prosecutor appointed under section 2 for a period of 5 fiscal years.
Sec. 8 Severability
Should any provision in this Act be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the Act, and such action shall not affect the enforceability of the remaining provisions of the Act.