H.R. 1439

119th CONGRESS 1st Session

To ensure due process protections of individuals in the United States against unlawful detention based solely on a protected characteristic.

IN THE HOUSE OF REPRESENTATIVES · February 18, 2025 · Sponsor: Mr. Takano · Committee: Committee on the Judiciary

Table of contents

• H.R. 1439
  • SEC. 1. Short title
  • SEC. 2. Prohibition against unlawful detention

SEC. 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—
  • by redesignating subsection (b) as subsection (c); and
    • (b) Prohibition on detention based on protected characteristics
      • (1) In general
        • No individual may be imprisoned or otherwise detained based solely on an actual or perceived protected characteristic of the individual.
      • (2) Definition
        • In this subsection, the term includes each of the following: protected characteristic
          • Race.
          • Ethnicity.
          • National origin.
          • Religion.
          • Sex.
          • Gender identity.
          • Sexual orientation.
          • Disability.
          • Any additional characteristic that the Attorney General determines to be a protected characteristic.
      • (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 (2) from the definition of the term under this subsection. protected characteristic
  • by inserting after subsection (a) the following: