I 118th CONGRESS 1st Session H. R. 639 IN THE HOUSE OF REPRESENTATIVES January 30, 2023 Mr. Takano (for himself, Ms. Tokuda , Ms. Chu , and Ms. Matsui ) introduced the following bill; which was 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.

1. Short title This Act may be cited as the Korematsu-Takai Civil Liberties Protection Act of 2023 . 2. Prohibition against unlawful detention Section 4001 of title 18, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (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 protected characteristic includes each of the following: (A) Race. (B) Ethnicity. (C) National origin. (D) Religion. (E) Sex. (F) Gender identity. (G) Sexual orientation. (H) Disability. (I) 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 protected characteristic under this subsection. .