Korematsu-Takai Civil Liberties Protection Act of 2021
This bill modifies the detention authority of the United States.
Specifically, it prohibits detention or imprisonment based solely on an actual or perceived protected characteristic of an individual. A protected characteristic includes each of the following: race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, and any additional characteristic that the Department of Justice determines to be a protected characteristic.
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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Korematsu-Takai Civil Liberties Protection Act of 2021
To ensure due process protections of individuals in the United States against unlawful detention based solely on a protected characteristic.
Korematsu-Takai Civil Liberties Protection Act of 2021
Rep. Takano, Mark