Mary Kenney is the senior staff attorney with the Legal Action Center. Ms. Kenney was counsel in Ngwanyia v. Ashcroft, a national asylee adjustment class action. She has litigated cases at the Board of Immigration Appeals and in various federal courts around the country. Prior to joining the American Immigration Council, she spent seven years as the Executive Director for the Texas Lawyers' Committee, a statewide immigrant and refugee rights project. She also was a legal services attorney for eleven years. Ms. Kenney received her J.D. degree from Antioch School of Law.
The Court of Appeals for the Second Circuit ruled last month that eight immigrant men who were detained under extremely punitive conditions in maximum security facilities following 9/11, could proceed with their lawsuit against the individual federal officials responsible for their mistreatment. All of the plaintiffs in Turkmen v. Ashcroft were caught up in the […]
This week, the federal district court for the Eastern District of Pennsylvania ruled that when U.S. Citizenship and Immigration Services (USCIS) granted Melvin Medina—a Honduran citizen who entered the United States without inspection on October 9, 1992—Temporary Protected Status (TPS), it “inspected and admitted” him for purposes of adjustment of status. This is now the […]
In Scialabba v. Cuellar de Osorio, a heavily-divided Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents’ visa petitions as minors, but who turned 21—known as “aging-out”—before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents; the majority ruled that […]
For more than five years, the Department of Justice (DOJ) has defended a policy that deprives long-term lawful permanent residents (LPRs) of the opportunity to apply for a waiver that would allow them to remain in the United States. The waiver—known as the 212(h) waiver (referring to section 212(h) of the immigration statute)—permits permanent residents […]
Yesterday, the Supreme Court heard oral arguments in Mayorkas v. Cuellar de Osorio, a case challenging the government’s restrictive interpretation of the Child Status Protection Act (CSPA). The CSPA provides relief for the longstanding problem of children included on a parent’s visa application who “age out” – that is, turn 21 and lose their status […]
Last week, several groups, including the American Immigration Council, submitted an amicus brief to the Supreme Court describing the heartrending stories of young people who have been separated from their families due to government processing delays and the shortage of visas. The case, Mayorkas v. Cuellar de Osorio, concerns the Child Status Protection Act (CSPA), […]
While there is no question that Congress needs to step up to the plate and repair our broken immigration system through legislative reform, there are some fixes that can be made now without waiting for Congressional action. If the Department of Homeland Security (DHS) and the Board of Immigration Appeals (BIA) would stop narrowly interpreting […]