H.R. 1439 — Korematsu-Takai Civil Liberties Protection Act of 2025

This section provides the short title of the Act as the “Korematsu-Takai Civil Liberties Protection Act of 2025.”

This section revises 18 U.S.C. § 4001 by adding a new prohibition on federal detention based solely on an actual or perceived protected characteristic and redesignating the existing Bureau of Prisons management provisions as subsection (c) from subsection (b). It defines protected characteristic to include race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, and any additional characteristic the Attorney General determines to be protected, and it bars the Attorney General from removing any of the listed characteristics in subparagraphs (A) through (H) from that definition. (Thus, the amendment creates an express statutory limit on imprisonment or detention decisions based only on protected traits, while leaving the Attorney General’s authority over federal penal and correctional institutions in place.)