Korematsu-Takai Civil Liberties Protection Act of 2025

Key Points

• This bill would make it illegal for the federal government to imprison or detain anyone based solely on who they are, covering characteristics like race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, and disability.
• The bill amends Section 4001 of Title 18 of the U.S. Code, adding a new subsection that explicitly bans detention based on protected characteristics. This strengthens existing due process protections in federal law.
• The Attorney General would have the power to add more protected groups to the list, but could never remove any of the eight characteristics already written into the law. This creates a one-way ratchet that can only expand protections over time.
• The bill is named after Fred Korematsu, who challenged the forced internment of Japanese Americans during World War II, and Mark Takai, a late Hawaii congressman. It was introduced by Rep. Takano alongside three other House members and referred to the Judiciary Committee.