Korematsu-Takai Civil Liberties Protection Act of 2023

Bill: 118-s-129
Sponsor: full_name: Sen. Duckworth, Tammy [D-IL]
Introduced: 2023-01-30
Policy area: Crime and Law Enforcement
Subjects: 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
Latest action: action_date: 2023-01-30
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2023-01-30
action_desc: Introduced in Senate
text: <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>

tv_txt: II 118th CONGRESS 1st Session S. 129 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.

1. Short title This Act may be cited as the Korematsu-Takai Civil Liberties Protection Act of 2023 . 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). .