H.R. 8154: Hold ICE Accountable Act of 2026

This bill, titled the Hold ICE Accountable Act of 2026, aims to establish a special prosecutor to investigate unlawful actions by employees of the Department of Homeland Security (DHS), specifically actions taken from January 20, 2025, onward. The bill outlines the process for appointing this special prosecutor and defines their powers and responsibilities.

Appointment of the Special Prosecutor

The appointment process begins when the Attorney General or a state attorney general submits a request to the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit. Within 30 days, the chief judge will appoint a three-judge panel, which will then appoint the special prosecutor within another 30 days. The special prosecutor will be tasked with investigating actions that:

• Occurred on or after January 20, 2025,
• Are alleged to be unlawful, and
• Are found credible by the special prosecutor.

Qualifications and Background Check

The special prosecutor will be chosen from lawyers known for their integrity and impartiality. They must not be currently or recently employed by the federal government and must have relevant legal experience. Additionally, the panel will conduct a background check to ensure there are no conflicts of interest.

Staffing and Operations

The special prosecutor will be able to hire legal and support staff without needing approval from other government agencies. The staff will follow the same pay rates and classification as Department of Justice employees. They will also be held to similar ethical standards and can be disciplined for misconduct.

Powers of the Special Prosecutor

The special prosecutor will have the same investigative and prosecutorial powers as a United States Attorney. They can investigate federal crimes related to their inquiries, which may include perjury, obstruction of justice, destruction of evidence, and witness intimidation. Their work will be independent from the Department of Justice, although they must comply with related rules and regulations. The special prosecutor will also report to Congress about their activities and investigations.

Removal from Office

The special prosecutor can only be removed by the Attorney General, and only for specified reasons, such as misconduct or incapacitation. If removed, the reason must be documented, and there will be a review process to ensure the removal was justified.

Civil Liability

Individuals whose rights are violated because of actions by a special prosecutor can bring civil suits against them. Damages could include economic compensation, emotional distress, and, in certain cases, punitive damages. The bill also includes provisions to limit the defenses available to those accused in such civil actions.

Appropriations

The bill authorizes necessary funds to be appropriated to support the special prosecutor’s office for up to five fiscal years.

Severability

If any part of this bill is found to be unconstitutional, that part will be removed, but the rest of the bill will remain effective.

Relevant Companies

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