Bill Details

S.634 - 119th Congress

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This bill would make it clear that the government cannot imprison or detain someone in the United States only because of a protected personal trait. It adds a new rule to federal law saying that detention based solely on traits like race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, or disability is forbidden. The bill is meant to strengthen due process protections and prevent the kind of unfair treatment that can happen when people are targeted because of who they are, or because of who others think they are.

  • It adds a new section to federal law banning detention based only on a protected characteristic.
  • Protected characteristics listed in the bill include race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, and disability.
  • The bill also lets the Attorney General identify other traits as protected characteristics in the future.
  • It says the Attorney General cannot remove any of the traits already listed in the bill.

Official Summaries

Korematsu-Takai Civil Liberties Protection Act of 2025 

This bill prohibits the detention or imprisonment of an individual based solely on an actual or perceived protected characteristic of the individual. The term protected characteristic includes each of the following: race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, and any additional characteristic that the Department of Justice determines to be a protected characteristic.

Current Full Text

[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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