Prohibition against unlawful detention
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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) 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. (2) Prohibition No individual may be imprisoned or otherwise detained based solely on an actual or perceived protected characteristic of the individual. (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 (1)..