S. 634 — Korematsu-Takai Civil Liberties Protection Act of 2025

This section inserts new subsection (b) into 18 U.S.C. 4001—redesignating the existing subsection (b), which vests control of federal penal institutions in the Attorney General, as subsection (c)—to prohibit the imprisonment or detention of any individual based solely on an actual or perceived protected characteristic (i.e., race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, or any additional characteristic determined by the Attorney General). A rule of construction specifies that the Attorney General may not remove any statutorily listed protected characteristics. (Thus, detention must be pursuant to an Act of Congress under subsection (a) and cannot rely solely on these traits.)