S.634 - Korematsu-Takai Civil Liberties Protection Act of 2025 (119th Congress)
Summary
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. It amends Section 4001 of Title 18 of the United States Code to explicitly prohibit such detention. The bill is named after Fred Korematsu and Minoru Takai, who were affected by the internment of Japanese Americans during World War II.
Expected Effects
If enacted, this bill would provide additional legal safeguards against discriminatory detention practices. It clarifies existing law by explicitly prohibiting detention based solely on protected characteristics. This could lead to fewer instances of individuals being detained due to bias or prejudice.
Potential Benefits
- Protection of Civil Liberties: Reinforces the constitutional rights of individuals against unlawful detention.
- Reduced Discrimination: Aims to prevent discriminatory practices based on protected characteristics.
- Enhanced Due Process: Ensures due process protections are upheld in detention decisions.
- Clarity in the Law: Provides a clear definition of protected characteristics and prohibits detention based solely on them.
- Symbolic Importance: Named after figures who suffered from discriminatory detention, highlighting the importance of preventing similar injustices.
Potential Disadvantages
- Potential for Litigation: The definition of 'protected characteristic' could lead to litigation over its interpretation.
- Enforcement Challenges: Proving that detention was solely based on a protected characteristic may be difficult.
- Limited Scope: The bill focuses specifically on detention and may not address other forms of discrimination.
- Possible Unintended Consequences: Could potentially be interpreted in ways that hinder legitimate law enforcement activities, although the 'rule of construction' attempts to mitigate this.
- Attorney General Discretion: The Attorney General's power to add to the list of protected characteristics could be viewed as overly broad by some.
Constitutional Alignment
The bill aligns with the principles of due process and equal protection under the law, as enshrined in the Fifth and Fourteenth Amendments. By explicitly prohibiting detention based solely on protected characteristics, it reinforces these constitutional safeguards. The bill also resonates with the spirit of the First Amendment, which protects freedom of religion and expression, and aims to prevent discrimination 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).