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I
116TH CONGRESS
1ST SESSION H. R. 1288
To ensure due process protections of individuals in the United States against
unlawful detention based solely on a protected characteristic.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2019
Mr. TAKANO (for himself, Ms. SCHAKOWSKY, Ms. NORTON, Ms. JUDY CHU
of California, and Mr. MCGOVERN) 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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Korematsu-Takai Civil
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Liberties Protection Act of 2019’’.
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SEC. 2. PROHIBITION AGAINST UNLAWFUL DETENTION.
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Section 4001 of title 18, United States Code, is
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amended—
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•HR 1288 IH
(1) by redesignating subsection (b) as sub-
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section (c); and
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(2) by inserting after subsection (a) the fol-
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lowing:
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‘‘(b) PROHIBITION ON DETENTION BASED ON PRO-
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TECTED CHARACTERISTICS.—
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‘‘(1) IN GENERAL.—No individual may be im-
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prisoned or otherwise detained based solely on an ac-
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tual or perceived protected characteristic of the indi-
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vidual.
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‘‘(2) DEFINITION.—In this subsection, the term
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‘protected characteristic’ includes each of the fol-
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lowing:
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‘‘(A) Race.
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‘‘(B) Ethnicity.
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‘‘(C) National origin.
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‘‘(D) Religion.
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‘‘(E) Sex.
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‘‘(F) Gender identity.
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‘‘(G) Sexual orientation.
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‘‘(H) Disability.
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‘‘(I) Any additional characteristic that the
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Attorney General determines to be a protected
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characteristic.
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‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in
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this subsection shall be construed to allow the Attor-
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ney General to remove a characteristic described in
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subparagraphs (A) through (H) of paragraph (2)
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from the definition of the term ‘protected char-
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acteristic’ under this subsection.’’.
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Æ
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