Bill Summary
The "Korematsu-Takai Civil Liberties Protection Act of 2025" aims to strengthen due process protections for individuals in the United States by prohibiting unlawful detention based solely on certain protected characteristics. The legislation amends Title 18 of the United States Code to include a specific prohibition against detaining individuals based on characteristics such as race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, and disability. The Act defines these characteristics and empowers the Attorney General to identify additional protected traits. Importantly, the Act ensures that these protections cannot be removed or diminished by the Attorney General, reinforcing the commitment to civil liberties and preventing discrimination in detention practices.
Possible Impacts
Here are three examples of how the "Korematsu-Takai Civil Liberties Protection Act of 2025" could affect people:
1. **Protection from Discriminatory Detention**: Individuals belonging to marginalized communities, such as racial minorities, religious groups, or the LGBTQ+ community, would have enhanced protections against unlawful detention. For instance, if law enforcement were to detain someone solely based on their race or sexual orientation, this legislation would prohibit such actions, thereby safeguarding individual freedoms and reducing instances of discrimination.
2. **Increased Accountability for Law Enforcement**: The act would hold law enforcement agencies accountable for unlawful detentions based on protected characteristics. This could lead to training and policy changes within these agencies to ensure compliance with the law. As a result, people may feel more secure knowing that there are legal repercussions for discriminatory practices, which could improve relations between law enforcement and the communities they serve.
3. **Legal Recourse for Affected Individuals**: Individuals who are unlawfully detained based on a protected characteristic would have the right to seek legal redress. This could result in lawsuits against the government or law enforcement agencies, leading to potential financial compensation and reforms. This aspect of the legislation empowers affected individuals and can serve as a deterrent against future unlawful detentions, promoting a more just legal system.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 634 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 634
To ensure due process protections of individuals in the United States
against unlawful detention based solely on a protected characteristic.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 19, 2025
Ms. Duckworth (for herself, Ms. Hirono, Mr. Kaine, Mr. Blumenthal, Mr.
Padilla, Ms. Baldwin, Mr. Schatz, Mr. Schiff, Mr. Wyden, Mr. Reed, Mrs.
Murray, Mr. Markey, Mr. Sanders, Ms. Klobuchar, Mr. Welch, Ms. Cortez
Masto, Mr. Van Hollen, Mr. Booker, Ms. Smith, and Mr. Durbin)
introduced the following bill; which was read twice and 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) 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.
``(2) Prohibition.--No individual may be imprisoned or
otherwise detained based solely on an actual or perceived
protected characteristic of the individual.
``(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 (1).''.
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