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Prohibits imprisoning or detaining a person solely because of who they are or are believed to be. It adds a rule to federal law saying no one may be imprisoned or otherwise detained just because of a protected characteristic (race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability), and gives the Attorney General limited authority to add further protected categories while forbidding removal of the core list.
Redesignates current subsection (b) of 18 U.S.C. 4001 as subsection (c).
Adds a new subsection (b) stating that no individual may be imprisoned or otherwise detained based solely on an actual or perceived protected characteristic of the individual.
Defines the term “protected characteristic” to include: (A) Race; (B) Ethnicity; (C) National origin; (D) Religion; (E) Sex; (F) Gender identity; (G) Sexual orientation; (H) Disability; and (I) any additional characteristic that the Attorney General determines to be a protected characteristic.
Gives the Attorney General authority to determine and add additional characteristics to the definition of “protected characteristic.”
Provides a rule of construction that nothing in this subsection allows the Attorney General to remove any of the characteristics listed in subparagraphs (A) through (H) from the definition of “protected characteristic.”
Who is affected and how:
People who are or might be detained: People who belong to or are perceived to belong to protected groups (race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability) would have an explicit statutory protection against being detained or imprisoned solely for those traits. This includes people in criminal custody, immigration detention, and other forms of official confinement.
Law enforcement and detention agencies: Police, federal investigators, immigration enforcement, prosecutors, and facility operators will need to ensure detention decisions are supported by reasons other than a person’s protected characteristics. Agencies may need to update policies, training, intake and screening practices, and detention justifications.
Department of Justice and Attorney General: DOJ will have two roles — implement new policy consistent with the statute and exercise the new authority to add additional protected characteristics if it chooses. DOJ guidance, rulemaking, or policy memos could follow to clarify applicability.
Courts and litigants: Defense lawyers, civil-rights attorneys, and judges may use the statutory rule in habeas petitions, civil-rights suits, or pretrial/detention hearings to challenge detentions alleged to rest solely on protected characteristics. That could increase litigation testing the statute’s scope and exceptions.
Civil-rights and community organizations: Groups that represent or advocate for protected populations may use the law to press for policy changes, monitor detention practices, and bring legal challenges.
Operational and legal notes:
The change is procedural/substantive: it alters the baseline statutory protection against improper detention rather than creating a funding stream or new criminal offenses.
Interplay with other detention authorities: The statute’s effect on specialized detention authorities (immigration law, national-security detention, military detention) may require courts or further guidance to resolve; agencies may adopt policies to avoid conflicts.
Administrative discretion and expansion risk: Because the Attorney General can add categories, the list can expand by executive action, which may generate debate about the scope and process for adding new protected traits.
Fiscal impacts are likely small and limited to agency training, policy updates, and potential litigation costs rather than new program spending.
Expand sections to see detailed analysis
Referred to the House Committee on the Judiciary.
Introduced February 18, 2025 by Mark Takano · Last progress February 18, 2025
Referred to the House Committee on the Judiciary.
Introduced in House