Korematsu-Takai Civil Liberties Protection Act of 2023

Subjects: Crime and Law Enforcement, Correctional facilities and imprisonment, Detention of persons, Disability and health-based discrimination, Due process and equal protection, Racial and ethnic relations, Religion, Sex, gender, sexual orientation discrimination

Summary:  <p><b>Korematsu-Takai Civil Liberties Protection Act of 2023 </b></p> <p>This bill prohibits the detention or imprisonment of an individual based solely on an actual or perceived protected characteristic of the individual. The term <i>protected characteristic</i> 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.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 129 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 129

 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

                            January 30, 2023

Ms. Duckworth (for herself, Ms. Hirono, Mrs. Feinstein, Mr. Booker, Mr. 
Markey, Mr. Durbin, Ms. Warren, Mr. Merkley, Mr. Blumenthal, Ms. Cortez 
Masto, Mr. Padilla, Mr. Coons, Ms. Klobuchar, Mr. Menendez, Mr. Wyden, 
 Mr. Van Hollen, Mrs. Murray, Mr. Sanders, Ms. Smith, Mr. Whitehouse, 
Mr. Reed, Ms. Baldwin, Mr. Casey, Mr. Cardin, Mr. Welch, and Mr. Kaine) 
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 2023''.

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).''.
                                 &lt;all&gt;
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