Fordham University law Prof. Andrew Kent has an excellent new Lawfare article outlining the reasons why Donald Trump's invocation of the Alien Enemies Act of 1798 is illegal. The AEA can only be invoked in the event of a war, invasion, or predatory incursion, or threat thereof. Contrary to the administration's claims, illegal migration and drug smuggling do not qualify, and the executive does not deserve sweeping deference in determining whether an "invasion" exists. Here is an excerpt:
