This bill prohibits the imprisonment or detention of individuals based on protected characteristics such as race, religion, sex, gender identity, sexual orientation, and disability.
Mark Takano
Representative
CA-39
The Korematsu-Takai Civil Liberties Protection Act of 2025 prohibits the imprisonment or detention of individuals based on protected characteristics such as race, religion, sex, gender identity, sexual orientation, disability, and other categories as determined by the Attorney General. This amends Title 18 of the U.S. Code to ensure that civil liberties are protected against unlawful detention based on these characteristics. The Attorney General has the authority to add characteristics to the list, but not remove any.
Korematsu-Takai Act Bans Identity-Based Detention: New Law Protects Civil Liberties
The Korematsu-Takai Civil Liberties Protection Act of 2025 directly amends Title 18 of the U.S. Code to prevent people from being locked up based solely on who they are. This means no imprisonment or detention just because of someone's race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, or disability. The law is named in recognition of the wrongful internment of Japanese Americans during World War II, like Fred Korematsu and also honors the late Representative Mark Takai, a strong advocate for civil rights.
Protecting Your Rights
This new law flat-out prohibits detaining individuals based solely on protected characteristics. The Attorney General can expand this list to include other groups needing protection but can't remove any of the core categories mentioned above (SEC. 2). Think of it as adding extra layers of security – the existing protections are locked in, and more can be added as needed.
Real-World Impact
Imagine a scenario where a local law enforcement agency starts rounding up people of a specific ethnic background after an international incident, claiming they're a security risk. Under this new law, that's illegal. Or consider a situation where someone is detained simply because they are transgender. Again, this law directly prohibits such actions. This offers significant peace of mind to anyone potentially at risk from this kind of discrimination.
The Bigger Picture & Potential Challenges
This act isn't just about theoretical protections; it strengthens the legal framework to guard against discriminatory practices. It builds on existing civil rights laws, providing a clearer and more specific prohibition against identity-based detention. While the "solely based on" wording is very specific, how that plays out in real-world application will be key. The bill ensures that if someone is detained unlawfully, based on a protected characteristic, they have clear legal recourse. While the Attorney General has the power to add to the list of protected characteristics, the inability to remove any existing ones creates a safeguard. However, it's worth keeping an eye on how future administrations use this power.