Community Celebrates Milwaukee Woman’s Release from Detention
Elvira Benitez Suarez stepped out of the Department of Homeland Security (DHS) offices in downtown Milwaukee on Monday, greeted by the cheers of supporters. “It’s my first time leaving the building without handcuffs,” she remarked, reflecting on her newfound freedom.
After Months in Custody, Benitez Finds Hope
The 51-year-old resident of Sheboygan Falls was released from U.S. Immigration and Customs Enforcement (ICE) custody after posting bail last week. Her daughter welcomed her outside the detention center in northern Kentucky, where Benitez had spent the last two months. “I wasn’t able to see the light of day for 17 days, so I was very, very happy and excited to see my family,” she shared.
Challenges Faced by Immigrants
Monday marked Benitez’s first interaction with immigration officials since her return to Wisconsin. Accompanied by family, her attorney, and two members of the Milwaukee City Council, she checked in with officials. A group of about a dozen migrants also joined Benitez, seeking to check in and gather contact information from her lawyer.
Legal Struggles and Family Resilience
Benitez’s recent detainment was her second in less than a year. Originally from Mexico, she immigrated to the U.S. as a teenager and lived without legal status for over three decades. In July 2025, she was detained after mistakenly crossing the Canadian border during a family trip. Following her arrest, Benitez had no prior interactions with law enforcement or immigration courts.
During her absence, her two adult daughters, U.S.-born citizens, took charge of the family’s painting and cleaning business while caring for their younger siblings.
Legal Developments Favoring Benitez
A federal district court judge in Ohio affirmed last fall that Benitez was eligible for a green card, acknowledging the emotional toll on her children from her detention. After a month-long wait for an immigration background check, she returned to Wisconsin in December, only to be rearrested in March during a scheduled check-in at the Milwaukee DHS office. The DHS is appealing the judge’s ruling.
Court Rulings Shift Immigration Policy
A recent ruling by the Sixth Circuit Court of Appeals has opened pathways for Benitez’s return to Wisconsin. The court determined that the previous administration’s detention policies violated due process rights, joining a chorus of courts in New York and Georgia. While some courts have supported the Trump administration’s positions, the Chicago-based appellate court remains divided.
The Sixth Circuit’s ruling allowed Benitez to apply for bail, a process curtailed by earlier mandatory detention policies. On May 21, an immigration court judge in Memphis approved her bail application, setting it at $1,500, the minimum allowed under the regulations.
Looking Ahead Amid Present Difficulties
During her brief check-in, Benitez was instructed to download a tracking app, necessitating weekly photo submissions for monitoring purposes. Meanwhile, DHS continues to appeal the previous court ruling that positioned her for lawful permanent residency. Her attorney, Mark Christopher, expressed skepticism about the appeal’s success but acknowledged the strength of Benitez’s case.
Benitez remains on the path to recovery from her detention experiences, which were marked by harrowing events, including the trauma of witnessing a fellow detainee’s miscarriage. She has maintained contact with families of those still detained in Kentucky. Her daughter, Crystal Aguilar, is also grappling with the repercussions of her mother’s absence, stating, “My life was interrupted,” and expressing the difficulty of returning to normalcy.
