Hold ICE Accountable Act of 2026

Bill Number

H.R. 8154

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Law

Status

Introduced

Latest Action

2026-03-27: Referred to the House Committee on the Judiciary.

Last Updated

2026-04-14T13:44:34Z

AI-Generated Summary

Purpose

The Hold ICE Accountable Act of 2026 (H.R. 8154) aims to create an independent special prosecutor to investigate and prosecute alleged unlawful actions by officers or employees of the Department of Homeland Security (DHS)—which includes Immigration and Customs Enforcement (ICE)—occurring on or after January 20, 2025 (the presidential inauguration date).

Key Provisions

• Appointment Process (Sec. 2): A three-judge panel, appointed by the chief judge of the U.S. Court of Appeals for the D.C. Circuit, selects the special prosecutor within 30 days of an application from the U.S. Attorney General (AG) or any state/territory attorney general. The prosecutor must have integrity, relevant experience, and no recent U.S. government employment or clients (post-January 20, 2025). A background check is required.
• Staffing (Sec. 3): The prosecutor can independently hire staff, paid under standard federal civil service rates (General Schedule), with full control over discipline and removal.
• Powers and Independence (Sec. 4): Full authority of a U.S. Attorney to investigate/prosecute credible unlawful DHS actions post-January 20, 2025, plus related crimes (e.g., perjury, obstruction of justice). Operates independently from the Department of Justice (DOJ), with required congressional oversight, public reports, and confidential status updates to the panel.
• Removal (Sec. 5): Only the AG can remove the prosecutor for good cause (e.g., misconduct, incapacity), with written explanation, congressional reporting, and court review (potentially reinstating the prosecutor).
• Civil Liability (Sec. 6): Individuals indicted by the prosecutor lose qualified immunity (a legal shield for government officials acting in good faith) and can be sued for constitutional violations, with damages including compensation, emotional distress, and punitive awards.
• Funding and Severability (Secs. 7-8): Authorizes necessary appropriations for 5 years; invalid provisions do not affect the rest.

Significant Changes to Existing Law

• Introduces a court-appointed special prosecutor triggered by AG or state AG applications, bypassing standard DOJ special counsel regulations (28 CFR 600 et seq., where the AG appoints).
• Bars qualified immunity in civil suits against indicted DHS personnel, overriding Supreme Court precedents like Harlow v. Fitzgerald (1982) that protect officials unless rights violations are "clearly established."
• Mandates judicial review of removals and congressional oversight, differing from executive-branch control over typical U.S. Attorneys.

Potential Impacts

• Government Agencies: Heightens scrutiny on DHS/ICE operations post-2025, potentially slowing decisions due to investigation fears; strains DOJ independence.
• Citizens: Enables civil lawsuits with broader damages against DHS employees for rights violations, aiding victims (e.g., immigrants alleging abuse).
• International Relations: Minimal direct impact, though could affect DHS enforcement of immigration/border policies if investigations proliferate.

Main Stakeholders

• DHS/ICE officers and employees: Primary targets for investigations and civil suits.
• U.S. and state attorneys general: Can initiate the process.
• Congress (Judiciary Committees): Gains oversight and reporting access.
• Federal courts (D.C. Circuit/District): Appoint/review prosecutor and handle related cases.
• Individuals alleging DHS misconduct: Benefit from investigations and civil remedies.

Notable Legal, Constitutional, or Political Implications

• Legal: Modeled on expired independent counsel laws (Ethics in Government Act, repealed 1999); risks challenges for vague "credible" allegations or overbroad jurisdiction.
• Constitutional: May raise separation-of-powers issues by shifting prosecutorial authority from the executive branch (Article II) to judiciary/Congress; qualified immunity bar could face Supreme Court scrutiny as altering judge-made doctrine.
• Political: Targets future DHS actions specifically, enabling oversight amid partisan immigration debates; severability clause protects core functions if partially struck down.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Stevens, Haley M. [D-MI-11]

Recent Actions

• 2026-03-27: Referred to the House Committee on the Judiciary.
• 2026-03-27: Introduced in House
• 2026-03-27: Introduced in House

Bill Versions

• Hold ICE Accountable Act of 2026 — issued 2026-03-27 — PDF (10 pages)