Elvira Benitez Suarez stepped out of the Department of Homeland Security (DHS) office in downtown Milwaukee on Monday to cheers from a crowd of supporters — her first time leaving the building without handcuffs.
The 51-year-old Sheboygan Falls woman left U.S. Immigration and Customs Enforcement custody last week on bond; her daughter picked her up outside the northern Kentucky detention facility where she had spent the previous two months.
“I didn’t see daylight for 17 days, so I was very, very heartened and excited that I saw my family,” she said.
The Monday morning check-in in Milwaukee was her first interaction with immigration authorities since returning to Wisconsin. She arrived with her family, attorney and two members of the Milwaukee Common Council in tow.
Nearly a dozen other immigrants wove through the crowd to line up behind Benitez for their own check-ins; some picked up contact information from her attorney while they waited to enter the building.
Benitez’s time in Kentucky was her second stint in ICE custody in the past year. Benitez, who emigrated from Mexico as a teenager and lived without legal status for over three decades, first landed in detention after a wrong turn on a family road trip took her across the Canadian border in July 2025. U.S. immigration authorities arrested her when she reentered the country. Benitez had no prior interactions with law enforcement or the federal immigration court system.
In her absence, Benitez’s two adult daughters, both U.S.-born, took in their school-age siblings and helped manage their parents’ painting and cleaning business.
A federal district court judge in Ohio ruled last fall that Benitez is eligible for a green card, citing — among other factors — the hardships her children experienced in her absence. After waiting a month for immigration authorities to complete her background check, Benitez returned to Wisconsin in December, only to be arrested again during a check-in at the Milwaukee DHS office in March while the agency appealed the judge’s ruling.
“We checked in, everything went fine, and we were actually walking out the door when they stopped us,” recalled her attorney, Marc Christopher.
After stops in Chicago and Indianapolis, Benitez landed in a cell at the Campbell County Detention Center, a northern Kentucky jail that contracts with ICE to hold immigrants facing deportation proceedings. Benitez recounted finding fellow Wisconsinites in her unit; nearly two dozen other immigrants detained in Wisconsin have passed through Campbell County within the last year.
But a recent decision by an Ohio-based federal appeals court opened a door for Benitez to again return to Wisconsin. The 6th Circuit Court of Appeals ruled last month that a year-old Trump administration policy requiring detention for most immigrants in deportation proceedings amounts to a violation of due process rights, joining federal appellate courts in New York and Georgia. Appellate courts in Louisiana and Missouri have sided with the Trump administration, and the appellate court based in Chicago remains divided on the issue.
The 6th Circuit holds jurisdiction over Kentucky, and its ruling allowed Benitez to file a bond motion in immigration court — an option once available to most immigrant detainees that largely vanished after the Trump administration introduced its mandatory detention policy last year. An immigration court judge in Memphis granted her bond motion on May 21, setting her bond amount at the minimum allowed under court rules: $1,500.
As a condition of her bond, Benitez will continue checking in at the Milwaukee DHS office.
Benitez’s Monday morning check-in was brief and straightforward. Like other immigrants granted bond, she was directed by immigration officers to download a tracking app that will prompt her to take a photograph of her face once a week to compare against booking photos.
DHS is still appealing last year’s ruling that set Benitez on track to secure legal permanent residency. That appeal, currently in the hands of the federal Board of Immigration Appeals, is still pending.
“I would never put anything past the Board of Immigration Appeals,” Christopher said during a press conference on Monday, alluding to the board’s recent tendency to side with the Trump administration on immigration court rule changes. Nevertheless, Christopher added that he believes Benitez’s case is strong enough to defy the odds.
Benitez herself is still recovering. “I can’t sleep,” she said, recounting the grim details of her latest stint in custody — fellow detainees whose pregnancies ended in miscarriages, late-night bus trips with erratic drivers and no seat belts, and harassment from nonimmigrant inmates with whom she shared a cell in Kentucky. Benitez noted that she is in contact with the families of several fellow detainees who remain in Kentucky.
Her eldest daughter, Crystal Aguilar, also needs time to bounce back. In her mother’s absence, “my life was on hold,” she said. A return to normality still seems far away, she added.
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