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

This section establishes a process for appointing a special prosecutor to investigate allegedly unlawful actions by Department of Homeland Security (DHS) officers or employees occurring on or after January 20, 2025, if deemed credible by the special prosecutor. Upon application by the Attorney General or an attorney general of a state, the District of Columbia, or a U.S. territory or possession, the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit appoints a three-judge panel within 30 days, which then appoints the special prosecutor—a non-government lawyer with requisite integrity, experience, and no post-January 20, 2025, U.S. government ties—within another 30 days following a background check and conflicts review.

This section authorizes a special prosecutor to appoint necessary legal, administrative, and support personnel without approval or supervision by any other office or agency. Such staff (1) are paid under General Schedule classification and pay rates (i.e., 5 U.S.C. ch. 51 and subch. III of ch. 53); (2) are subject to discipline by the special prosecutor for misconduct or ethical breaches under Department of Justice standards; and (3) may not be removed, reassigned, reduced in force, or subject to similar actions except by the special prosecutor.

This section grants a special prosecutor appointed under section 2 the full investigative and prosecutorial powers of any United States Attorney within that prosecutor's jurisdiction. It authorizes the special prosecutor to investigate and prosecute federal crimes committed to interfere with the investigation (e.g., perjury, obstruction of justice, destruction of evidence, witness intimidation) and to conduct related appeals. The section requires the special prosecutor to comply independently with Department of Justice rules, free from undue influence or day-to-day supervision, while determining the extent of consultation with the Attorney General. It further establishes reporting and oversight requirements, including (1) public statements or reports to Congress as deemed appropriate; (2) cooperation with oversight by the House and Senate Judiciary Committees; (3) in camera status reports to the appointing three-judge panel 90 days before each fiscal year; (4) panel authority to release report portions consistent with law, protecting individual rights and pending prosecutions; and (5) a final confidential report to the Attorney General, panel, and Judiciary Committee leaders explaining each prosecution decision.

This section establishes standards and procedures for removal of a special prosecutor by the Attorney General, limiting removal to good cause, physical disability, mental incapacity, or any other condition substantially impairing duties, with written notification of specific reasons to the special prosecutor. It further requires the Attorney General to submit a report on any removal to the appointing three-judge panel and the Judiciary Committees of the Senate and House of Representatives (with public release subject to limited redactions); and it provides for judicial review of the removal in the U.S. District Court for the District of Columbia upon petition by the special prosecutor, with expedited appeals and possible reinstatement for error of law or fact.

This section establishes a civil cause of action in U.S. district court against any individual indicted by the special prosecutor for depriving a party of constitutional or legal rights, privileges, or immunities. Available damages include (1) compensatory damages for economic losses from the deprivation, (2) non-economic damages for emotional distress and pain and suffering, and (3) punitive damages if proven by clear and convincing evidence of malicious, intentional, fraudulent, or reckless conduct. The section bars defendants from asserting qualified immunity defenses, including good faith or lack of clearly established rights.

This section authorizes appropriations of such sums as are necessary to carry out the Act and makes those amounts available to the special prosecutor appointed under section 2 for five fiscal years.

This section establishes a severability clause, providing that if any provision of the Act is held unconstitutional by a court, that provision is severed without affecting the validity or enforceability of the remaining provisions.