H.R.1439 - Korematsu-Takai Civil Liberties Protection Act of 2025 (119th Congress)
Summary
H.R.1439, the Korematsu-Takai Civil Liberties Protection Act of 2025, aims to prevent unlawful detention based solely on protected characteristics such as race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, and disability. The bill amends Section 4001 of Title 18 of the United States Code to explicitly prohibit such detention. It also grants the Attorney General the power to add to the list of protected characteristics but not to remove any of the listed characteristics.
Expected Effects
The primary effect of this bill would be to provide additional legal safeguards against discriminatory detention practices. It reinforces due process protections for individuals who might be targeted based on their identity. This bill seeks to prevent future injustices similar to the internment of Japanese Americans during World War II.
Potential Benefits
- Strengthened Civil Liberties: Reinforces protections against discriminatory detention.
- Enhanced Due Process: Ensures individuals are not detained solely based on protected characteristics.
- Reduced Discrimination: Aims to prevent profiling and unjust targeting of specific groups.
- Clarity in Law: Provides a clear legal standard for detention practices.
- Symbolic Importance: Named after Korematsu, it acknowledges past injustices and seeks to prevent recurrence.
Potential Disadvantages
- Potential for Litigation: The definition of 'protected characteristic' may lead to legal challenges.
- Enforcement Challenges: Difficult to prove detention was solely based on a protected characteristic.
- Limited Scope: Does not address other forms of discrimination beyond detention.
- Attorney General Discretion: While limited, the Attorney General's power to add characteristics could be subject to political influence.
- Unintended Consequences: Could potentially create loopholes or complexities in law enforcement.
Constitutional Alignment
This bill aligns with the spirit of the Constitution, particularly the Fifth Amendment's guarantee of due process and the Fourteenth Amendment's Equal Protection Clause. By explicitly prohibiting detention based solely on protected characteristics, it reinforces these constitutional principles. The bill also indirectly supports the First Amendment's protections of religious freedom and freedom of expression by preventing detention based on these characteristics.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).