Text of US SB 634 (2025)

Korematsu-Takai Civil Liberties Protection Act of 2025

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II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Korematsu-Takai Civil 4 Liberties Protection Act of 2025’’. 5 SEC. 2. PROHIBITION AGAINST UNLAWFUL DETENTION. 6 Section 4001 of title 18, United States Code, is 7 amended— 8 VerDate Sep 11 2014 02:09 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S634.IS S634 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 634 IS (1) by redesignating subsection (b) as sub- 1 section (c); and 2 (2) by inserting after subsection (a) the fol- 3 lowing: 4 ‘‘(b) PROHIBITION ON DETENTION BASED ON PRO- 5 TECTED CHARACTERISTICS.— 6 ‘‘(1) DEFINITION.—In this subsection, the term 7 ‘protected characteristic’ includes each of the fol- 8 lowing: 9 ‘‘(A) Race. 10 ‘‘(B) Ethnicity. 11 ‘‘(C) National origin. 12 ‘‘(D) Religion. 13 ‘‘(E) Sex. 14 ‘‘(F) Gender identity. 15 ‘‘(G) Sexual orientation. 16 ‘‘(H) Disability. 17 ‘‘(I) Any additional characteristic that the 18 Attorney General determines to be a protected 19 characteristic. 20 ‘‘(2) PROHIBITION.—No individual may be im- 21 prisoned or otherwise detained based solely on an ac- 22 tual or perceived protected characteristic of the indi- 23 vidual. 24 VerDate Sep 11 2014 02:09 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S634.IS S634 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 634 IS ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 1 this subsection shall be construed to allow the Attor- 2 ney General to remove a characteristic described in 3 subparagraphs (A) through (H) of paragraph (1).’’. 4 Æ VerDate Sep 11 2014 02:09 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S634.IS S634 kjohnson on DSK7ZCZBW3PROD with $$_JOB