Criminal Justice (Civil Rights)

S 3874, the Prohibiting Political Prosecutions Act of 2026, prohibits federal prosecutors and law enforcement from considering a person’s political views, associations, or activities when deciding whether to bring charges or investigations. It requires prosecutors to attest in legal filings that political beliefs weren’t a factor, mandates disclosure of exculpatory evidence to grand juries, and allows defendants to seek dismissal if political bias is suspected. The bill also bans White House interference in individual prosecution decisions and requires DOJ staff to report political bias allegations to oversight offices. It directly affects federal prosecutors, FBI agents, and White House staff involved in criminal investigations or prosecutions.

This resolution acknowledges that after the September 11, 2001, attacks, Arab, Muslim, Middle Eastern, South Asian, and Sikh communities faced widespread hate, government targeting, and discrimination - including policies like the 2002 National Security Entry-Exit Registration System and mass detentions without evidence. It calls for an independent commission to review these historical policies, document their impact, and recommend changes to dismantle ongoing discriminatory practices. The resolution also urges funding for community-based organizations to provide hate crime prevention, mental health support, and culturally accessible alternatives to law enforcement, while requesting health studies on the effects of profiling and hate.

This House Resolution (HRES 660) expresses the House of Representatives' position that the United States has a moral obligation to address the country's mass incarceration crisis. It identifies systemic issues including racial disparities in incarceration (Black people are incarcerated at 5 times the rate of White people), the disproportionate impact on women and LGBTQ+ individuals, and the economic burden of the justice system. The resolution calls for a "large-scale decarceration effort" that includes ending racial disparities, reducing prison populations through sentencing reform, ending cash bail, and investing in community-based safety solutions instead of punitive systems. While not legislation with binding effect, it serves as a statement of principles and framework for potential future policy changes to create a more just and humane justice system.

S 1913, the "Ending Qualified Immunity Act," amends Section 1983 of federal law (42 U.S.C. 1983) to remove qualified immunity as a defense in civil rights lawsuits. It directly affects government officials (like police or local officials) sued for violating constitutional rights and the plaintiffs who have been denied redress due to this defense. The bill's key provision explicitly states that a defendant cannot claim as a defense that they acted in good faith, reasonably believed their conduct was lawful, the right wasn't clearly established, or the law was unclear at the time of the violation. This change aims to restore the original intent of Section 1983, which allows lawsuits against officials acting under color of law without immunity defenses based on subjective good faith or unclear legal standards.