119-s634

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 634 Introduced in Senate

    (IS) ]

<DOC>

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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