[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1020 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1020

 To ensure due process protections of individuals in the United States 
 against unlawful detention based solely on a protected characteristic.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2021

Ms. Duckworth (for herself, Mr. Schatz, Mr. Markey, Mr. Blumenthal, Mr. 
 Merkley, Mrs. Feinstein, Ms. Cortez Masto, Mr. Whitehouse, Mr. Coons, 
Ms. Cantwell, Mr. Brown, Mr. Reed, Mr. Booker, Mr. Menendez, Mr. Wyden, 
 Mr. Durbin, Ms. Smith, Mr. Sanders, Mrs. Gillibrand, Ms. Baldwin, Ms. 
  Hirono, Ms. Warren, Mrs. Murray, Mr. Van Hollen, Ms. Klobuchar, Ms. 
    Rosen, Mr. Padilla, Mr. Warnock, and Mr. Leahy) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Korematsu-Takai Civil Liberties 
Protection Act of 2021''.

SEC. 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.''.
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