Korematsu-Takai Civil Liberties Protection Act of 2025
The Korematsu-Takai Civil Liberties Protection Act of 2025 would add a new anti-discrimination guardrail to federal detention law. Specifically, it would prohibit imprisoning or detaining any individual “based solely on” an actual or perceived protected characteristic. The bill defines a broad set of protected characteristics (race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability) and allows the Attorney General to designate additional protected characteristics. Crucially, it also includes a rule of construction stating the enumerated categories (A–H) cannot be removed from the protected characteristics list, even as new ones may be added. In short, the bill seeks to prevent detention decisions that are based only on a person’s identity, while leaving open how detention decisions may be justified when other factors are involved.
Key Points
- 1Prohibition on detention based solely on protected characteristics: No one may be imprisoned or detained solely because of an actual or perceived characteristic such as race, religion, or sexual orientation, among others.
- 2Definition of protected characteristics: The list includes race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, and any additional characteristic the Attorney General designates.
- 3Perception-based protections: Detention cannot be based solely on how someone is perceived (e.g., assumptions about identity).
- 4Attorney General designation of new characteristics: The AG may add protected characteristics through rulemaking, expanding the scope over time.
- 5Guardrails on the list: The bill explicitly preserves the enumerated categories (A–H) from being removed from the protected characteristics definition, even as new ones are added.