An Act To Prevent Tyranny

I would suggest that Congress pass a "Prevent Tyranny Act". This would:

1. Repeal the Insurrection Act of 1807 (now codified at 10 U.S.C. §§ 251-255).

2. Repeal the Alien Enemies Act of 1798 (now codified at 50 U.S.C. § 21).

3. Repeal 8 U.S.C. § 1251(a)(4)(C)(i) (i.e. Section 241(a)(4)(C)(i) of the Immigration and Nationality Act ("INA") which provides that the U.S. may cancel the visa of and deport:

An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.

4. Repeal 8 U.S.C. § 1451 (authorizing the revocation of a grant of citizenship by naturalization in certain exceptional circumstances).

5. Pass legislation invoking Section 5 of the 14th Amendment to enforce Section 3 of the 14th Amendment, by authorizing a civil action to disqualify any person from holding public office on account of their involvement in an insurrection against the government of the United States in any federal district court, and also in any state court or tribunal granted jurisdiction to make such determinations by state law, if the disqualifying conduct is shown by a preponderance of the evidence.

6. Pass a statute authorizing a habeas corpus action related to any person detained by the United States government, and any other civil action related to such a detention, to be filed in the U.S. District Court with territorial jurisdiction over the place where that person was detained, or if outside the territorial jurisdiction of any U.S. District Court, in the U.S. District Court for the District of Columbia, in addition to continuing to authorizing the filing of such a civil action in any other U.S. District Court that has jurisdiction under existing U.S. law. Further, provide that a plaintiff in such an action shall have an absolute right, to compel the United States government to, at the expense of the United States government, as soon as logistically possible, return any person detained by the United States government to a place in the territorial jurisdiction of the U.S. District Court with with territorial jurisdiction over the place where that person was detained, or if outside the territorial jurisdiction of any U.S. District Court, to the District of Columbia.

7. Pass a statute prohibiting the United States government (or any other person acting under the color of state or federal law), from involuntarily removing a civilian United States citizen from the United States for any reason (other than a request to extradite that person, to another country with whom the United States has diplomatic relations, for prosecution for a suspected felony committed in that country, pursuant to existing extradition laws).

8. Amend 42 U.S.C. § 1983 which creates a private civil action against persons who deprive someone of fedreal rights under color of state law, to codify Bivens actions (named after the case of  Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), by making it also apply to anyone who deprives someone of a federal right under color of federal law.

9. Repeal the doctrine of qualified immunity to liability under 42 U.S.C. § 1983.

10. Authorize the additional discretionary remedy under 42 U.S.C. § 1983, of imposing a disqualification from holding public office similar to that of Section 3 of the 14th Amendment, under the authority of Section 5 of the 14th Amendment, to persons held liable under that statute, for good cause shown.

11. Prohibit the invocation of the State Secrets Privilege in any habeas corpus case, any proceeding related to immigration, and any criminal prosecution.

12. Prohibit deportation of a non-citizen from the United States, without their free and voluntary consent in open court while represented by counsel, to any country where that person is not a national or citizen.