[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8154 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8154
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2026
Ms. Stevens introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hold ICE Accountable Act of 2026''.
SEC. 2. APPOINTMENT OF SPECIAL PROSECUTOR.
(a) 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--
(1) occurred on or after January 20, 2025;
(2) is alleged to be unlawful; and
(3) is deemed credible by the special prosecutor.
(b) 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--
(1) with reputations for integrity and impartial decision-
making;
(2) 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;
(3) who are not employed by the United States Government in
any capacity, and who do not have the United States as a
client; and
(4) 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.
(c) 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.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(a) 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.
(b) 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.
(c) 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.
(d) Reporting and Congressional Oversight.--
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(a) In General.--A special prosecutor appointed under section 2 may
only be removed from office by the Attorney General.
(b) Standard for Removal.--
(1) 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.
(2) 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.
(c) 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.
(a) 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.
(b) Damages.--Damages available pursuant to such action may
include--
(1) compensatory damages, including all economic damages
associated with the deprivation of rights, privileges, or
immunities;
(2) non-economic damages for emotional distress and pain
and suffering; and
(3) 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.
(c) 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--
(1) 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
(2) 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.
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