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.
Short title
This Act may be cited as the Korematsu-Takai Civil Liberties Protection Act of 2023
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Prohibition against unlawful detention
Section 4001 of title 18, United States Code, is amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following:
Prohibition on detention based on protected characteristics
Definition
In this subsection, the term protected characteristic includes each of the following:
Race.
Ethnicity.
National origin.
Religion.
Sex.
Gender identity.
Sexual orientation.
Disability.
Any additional characteristic that the Attorney General determines to be a protected characteristic.
Prohibition
No individual may be imprisoned or otherwise detained based solely on an actual or perceived protected characteristic of the individual.
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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