Do US Senators have immunity

Answer 1

The so-called "immunity" is an extremely important senatorial entitlement. Its objective is to provide a senator with a guaranteed protection and independence in the performance of his tasks. In other words, a senator cannot be held accountable for any action taken in connection with the execution of his mandate. He is accountable for any such action only to the Senate. This protection is guaranteed both during and after a senator's term of office. However, if a senator infringes personal interests of other parties, then the Senate may agree to hold the senator accountable. A senator's immunity also extends to criminal matters, and so he cannot be held criminally responsible without the Senate's approval, unless he himself acquiesces thereto. If a criminal proceeding has been launched against a candidate to the Senate prior to a senatorial election, then, it must be suspended following the date that person is elected, until the expiry of his mandate, provided that the Senate submits such motion to the authority conducting the proceedings.

This does not mean that he will escape being judged by a court of law. Matters that cannot be pursued while a senator is protected by the parliamentary immunity are not subject to the statute of limitations. Therefore, if a proceeding against a senator cannot be continued during his term of office (i.e. he is not willing to forfeit his right to immunity and the Senate does not agree to revoke it), then it can be resumed after the term of office ends.

A senator cannot be arrested or retained without the Senate's permission unless he is caught in the commission of an offence, and that only if the arrest is indispensable to ensuring a proper course of the criminal proceeding.

Answer 2

While US Senators enjoy certain privileges and protections, they do not have absolute immunity. They are not immune from criminal prosecution for illegal behavior committed while in office. However, they do have limited immunity for statements made on the Senate floor and during committee hearings to protect freedom of speech and debate in Congress.