MYNORTHWEST NEWS

Rob McKenna explains judge’s ruling keeping DACA afloat

Jan 19, 2018, 7:47 AM | Updated: 7:47 am

DACA, dreamers, judge,...

Loyola Marymount University student and dreamer Maria Carolina Gomez joins a rally in support of the Deferred Action for Childhood Arrivals, or DACA, in Los Angeles. (AP Photo)

(AP Photo)

A federal judge in California has ruled that President Trump can’t simply withdraw the Deferred Action for Childhood Arrivals program known as DACA. The judge’s ruling, which may or may not stick, temporarily blocks the program’s dismantling.

RELATED: Congress better act before it pretends to shut down

“We’ve seen federal trial court judges rule against some of Trump’s immigration-related decisions only to be overturned themselves by higher courts including the U.S. Supreme Court,” former Washington state attorney general Rob McKenna told KIRO Radio’s Dave Ross.

The basis for U.S. District Judge William Alsup’s decision is similar to the basis of others that have been issued against actions taken by the Trump administration, McKenna said.

“It basically comes down to his ruling that the administration was arbitrary and capricious and abused its discretion in ending the DACA program,” McKenna said.

The ruling states that once DACA was implemented, it became subject to what is called the Federal Administrative Procedures Act. That act regulates administrative actions by executive agencies, including the Department of Homeland Security.

“DHS started deferred actions years ago. It actually dates back to one of the Bush administrations. Once they started exercising their discretion to defer action on some people who were here illegally, it became what’s called ‘a regular practice.’ Then it became subject to the Administrative Procedures Act,” McKenna said. “That in term means that changes to the practice can’t be arbitrary. They can’t be capricious. They can’t amount to an abuse of discretion. It also means, at least according to the plaintiffs, that as a substantive rule, changes have to be subject to public notice.”

Judge Alsup’s ruling also took into account Trump’s alleged motivation for ending DACA.

“The judge concluded that the president ordered DHS to terminate the DACA program to create more leverage in the administration’s negotiations with Congress over DACA. As opposed to a reason based on what’s called legal necessity to change the program,” McKenna said.

MyNorthwest News

kids consequences accountability...

Katrina Guischard

Stop rescuing your kids? Psychiatrist says raising kids with accountability starts with small consequences

Parents, how many times have you rescued your kid’s forgotten homework, packed the lunch they forgot, or rushed a jacket to school because they were cold?

7 hours ago

Firefighters prevented a smoky commercial fire from spreading to other businesses in Edmond's Westg...

Tom Brock

Fire heavily damages gyro shop in south Everett

Fire crews prevented a smoky fire from spreading at a business in the Westgate neighborhood of Edmonds Saturday morning.

20 hours ago

Demonstrators hold up banners as they march across the Memorial Bridge during a No Kings protest in...

MyNorthwest News Staff and Associated Press

No Kings protests and marches in Seattle and across the country encourage early voting

The city of Seattle's Transportation Department issued a warning to drivers Saturday to expect delays due to a "No Kings" rally and march through downtown Seattle.

22 hours ago

Georgetown cabaret shooting...

James Lynch

Reward now $15,000 in deadly Georgetown cabaret shooting

The reward for information leading to an arrest and charge in a deadly shooting at Kitten’s Cabaret in Georgetown has increased to $15,000.

2 days ago

I-405 (3)...

Nate Connors

WSDOT projects over the weekend include another closure on I-405

The good news is this weekend's list of WSDOT projects is substantially shorter. The bad news is we have another full closure on I-405.

2 days ago

Jayapal...

MyNorthwest Staff

US Rep. Pramila Jayapal’s office receives suspicious package

U.S. Rep. Pramila Jayapal’s office in Seattle received a suspicious package Friday afternoon.

2 days ago

Rob McKenna explains judge’s ruling keeping DACA afloat