Hold ICE Accountable Act of 2026

Key Points

• The bill would create a special prosecutor with full investigative and prosecutorial power to look into any potentially unlawful actions by Department of Homeland Security employees, including ICE and Border Patrol officers, taken on or after January 20, 2025.
• A three-judge panel would pick the special prosecutor, who must be an outside lawyer with no government ties since January 20, 2025. This is designed to keep the investigation independent and free from political influence.
• The special prosecutor would operate independently from the Department of Justice. The Attorney General could only remove the prosecutor for serious reasons like good cause or a condition that prevents them from doing their job, and that removal could be challenged in court.
• People whose constitutional rights were violated by DHS employees indicted by the special prosecutor could sue those employees for compensatory, emotional distress, and punitive damages. Critically, the bill bars the use of qualified immunity as a defense.
• The bill authorizes funding for the special prosecutor's office for up to 5 fiscal years and includes a severability clause, meaning if one part is struck down by a court, the rest of the law would still stand.