Hold ICE Accountable Act of 2026
Sponsored By: Representative Rep. Stevens, Haley M. [D-MI-11]
Introduced
Summary
Would create an independent special prosecutor to investigate alleged unlawful actions by Department of Homeland Security officers and employees occurring on or after January 20, 2025. The prosecutor would have full authority to investigate and prosecute federal crimes connected to those actions.
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- People alleging rights violations by DHS officers: could prompt a special prosecutor investigation and may bring federal civil suits if the prosecutor indicts. Courts could award compensatory, non‑economic, and punitive damages when clear and convincing evidence shows malicious, intentional, fraudulent, or reckless conduct, and defendants could not claim qualified immunity.
- DHS officers and employees: would face independent criminal investigation and possible federal prosecution for unlawful conduct, including offenses such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.
- Federal and state attorneys general, the special prosecutor's office, and Congress: the U.S. Attorney General or any state attorney general, the District of Columbia, or a U.S. territory could apply to a three‑judge panel to appoint the prosecutor, and the panel must act within 30 days. The prosecutor would hire Civil Service staff, operate free from DOJ direction, report to Congress, and have removal limited to specific for‑cause reasons; funding is authorized for up to five fiscal years.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
New civil suits after indictments
This bill would let people sue in federal court if they were deprived of rights by actions that led to a special prosecutor indictment. You would be able to seek compensatory damages for economic loss, non-economic damages for pain and suffering, and punitive damages if you prove malicious or reckless conduct by clear and convincing evidence. Defendants in these suits would not be allowed to use qualified immunity or argue they acted in good faith or that the law was not clearly established.
Independent prosecutor for DHS misconduct
This bill would create an independent special prosecutor to investigate alleged unlawful actions by Department of Homeland Security officers or employees that occurred on or after January 20, 2025. A chief judge would pick a three-judge panel within 30 days after an application from the Attorney General or any state attorney general; the panel would pick the special prosecutor within 30 more days. The special prosecutor would have the investigative and prosecutorial powers of a U.S. Attorney, follow DOJ rules but operate free from day-to-day DOJ control, hire staff paid under federal General Schedule pay rules, and handle discipline for that staff. The Attorney General could remove the prosecutor only for specified reasons and must give written notice. The prosecutor would send confidential and public reports to Congress and the appointing panel, and Congress could fund the office for five fiscal years with appropriations.
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Sponsors & CoSponsors
Sponsor
Rep. Stevens, Haley M. [D-MI-11]
MI • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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