McKenna on KIRO: Judge knocks down Trump’s DACA decision

Listen here (starting at 6:22)


KIRO 97.3 host Dave Ross asked Rob about a judicial ruling against President Trump’s executive order ending the Deferred Action for Childhood Arrivals (DACA) program. A federal judge from the 9th Circuit ruled that the Federal Administrative Procedures Act prevents the administration from simply ending DACA by executive order without following certain procedures.

Dave Ross: “Rob, what was this decision based on, and is it going to stick?”

Rob McKenna: “Whether it sticks or not is a really good question. 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.

“In fact this judge, Judge Alsup from down in the Bay Area, has already had a ruling against him by the Supreme Court when he’s attempted to enforce his orders demanding more information about the federal government’s implementation and operation of DACA. So, he could be overturned again.

“But the basis for his decision here is similar to the basis of other decisions against the Trump Administration, which basically comes down to his ruling that the administration was arbitrary and capricious and abused its discretion in ending the DACA program.”

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