The Hold ICE Accountable Act of 2026 creates a special prosecutor position to investigate unlawful actions by Department of Homeland Security officers and employees that occurred from January 20, 2025 onward. The special prosecutor would be appointed by a three-judge federal panel within 30 days of an application from the Attorney General or any state attorney general, and would operate independently with full investigative and prosecutorial powers similar to a U.S. Attorney. The bill affects DHS personnel and gives victims of alleged rights violations the ability to sue for compensatory, non-economic, and punitive damages while removing qualified immunity defenses. Congress would have oversight authority and the special prosecutor would report publicly and to legislators, with funding authorized for up to five fiscal years and staff hiring conducted without approval from other government agencies.
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