An intelligence memo casts further doubt on Trump's nonsensical definition of 'alien enemies'

President Trump invoked the Alien Enemies Act , a rarely used, 227-year-old law that applies when "there is a declared war" between the U.S. and a "foreign nation or government" A newly revealed memo from the National Intelligence Council casts doubt on those assertions.

A federal judge in New York rejected Trump 's reading of the AEA , agreeing with an earlier decision in Texas .

A federal judge ruled last week that the proclamation's invocation of the AEA exceeds the scope of the statute.

Julian Zelizer : The U.S. Supreme Court has unanimously held that foreign nationals covered by the proclamation have a due process right to contest their designation.

Zelizer says it makes little sense to identify a "transnational gang" as a "hostile nation or government".