H.R. 8154

[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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