Bill Summary
The "Korematsu-Takai Civil Liberties Protection Act of 2025" is proposed legislation aimed at ensuring that individuals in the United States are protected from unlawful detention based solely on specific characteristics that are deemed "protected." The bill amends Section 4001 of Title 18 of the United States Code, prohibiting imprisonment or detention based on characteristics such as race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, and disability. It emphasizes that no individual should be detained solely for these reasons and establishes a framework for what constitutes a "protected characteristic." Importantly, it also specifies that the Attorney General cannot remove any of the listed characteristics from this definition, reinforcing protections against discrimination in detention practices.
Possible Impacts
The "Korematsu-Takai Civil Liberties Protection Act of 2025" introduces important protections against unlawful detention based on protected characteristics. Here are three examples of how this legislation could affect people:
1. **Protection of Minority Groups**: Individuals from racial or ethnic minorities, such as Black, Hispanic, or Asian communities, would be protected from being detained solely based on their race or ethnicity. This could help prevent instances where law enforcement or government agencies may target individuals from these communities unjustly, thereby promoting fairer treatment and reducing instances of racial profiling.
2. **Safeguarding LGBTQ+ Rights**: The inclusion of sexual orientation and gender identity as protected characteristics means that LGBTQ+ individuals cannot be detained based on their identity. This protection could lead to a significant decrease in discrimination and wrongful detentions based on one's sexual orientation or gender identity, fostering a more inclusive society where individuals feel safer and more accepted.
3. **Enhanced Legal Recourse for Victims of Unlawful Detention**: The legislation empowers individuals who believe they have been unlawfully detained based on a protected characteristic to seek legal recourse. This can lead to increased awareness of civil rights among affected communities, encouraging individuals to stand up against injustices and seek accountability from law enforcement, ultimately promoting a culture of respect for civil liberties.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1439 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1439
To ensure due process protections of individuals in the United States
against unlawful detention based solely on a protected characteristic.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 18, 2025
Mr. Takano (for himself, Ms. Matsui, Ms. Tokuda, and Ms. Meng)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To ensure due process protections of individuals in the United States
against unlawful detention based solely on a protected characteristic.
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 ``Korematsu-Takai Civil Liberties
Protection Act of 2025''.
SEC. 2. PROHIBITION AGAINST UNLAWFUL DETENTION.
Section 4001 of title 18, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Prohibition on Detention Based on Protected
Characteristics.--
``(1) In general.--No individual may be imprisoned or
otherwise detained based solely on an actual or perceived
protected characteristic of the individual.
``(2) Definition.--In this subsection, the term `protected
characteristic' includes each of the following:
``(A) Race.
``(B) Ethnicity.
``(C) National origin.
``(D) Religion.
``(E) Sex.
``(F) Gender identity.
``(G) Sexual orientation.
``(H) Disability.
``(I) Any additional characteristic that the
Attorney General determines to be a protected
characteristic.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to allow the Attorney General to remove a
characteristic described in subparagraphs (A) through (H) of
paragraph (2) from the definition of the term `protected
characteristic' under this subsection.''.
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