U.S. Immigration and Customs Enforcement officers arrested a Sheboygan Falls woman during a routine check-in this week, taking her back into custody just months after an immigration court judge canceled her deportation order and began the process of securing her a green card.
Elvira Benitez, 50, spent six months in ICE custody last year after accidentally crossing the Canadian border during a family road trip in Michigan. Benitez fled an abusive home in Michoacán, Mexico, as a teenager and lived without legal status for 35 years, her family said. She first entered the immigration court system after last year’s arrest.
She was among more than 25,000 people arrested by ICE in July 2025 alone. Roughly a third of immigrants arrested by the agency nationally between January and mid-October 2025 had neither a prior criminal history nor pending criminal charges, including Benitez.
In her absence, her two adult daughters — both U.S. citizens — took in their school-age siblings. Judge Richard Drucker of the Cleveland immigration court cited her younger children’s struggles during Benitez’s initial detention as a reason to cancel her deportation and set her on the path to legal residency.
Drucker initially signaled a willingness to grant Benitez relief in early November, but the Department of Homeland Security (DHS) delayed her background check — necessary for her path to a green card — for over a month, eventually releasing her in mid-December.
The agency soon appealed Drucker’s order, stalling Benitez’s green card process. She continued attending mandatory check-ins at the Milwaukee DHS office, where ICE agents arrested her Tuesday morning before transferring her to a holding facility outside Chicago.
ICE arrested at least 107 people at the DHS office in downtown Milwaukee between January and mid-October 2025 — more than at any other Wisconsin site named in ICE arrest records. Three-quarters of those immigrants had no pending criminal charges or past convictions, compared with just 17% of all immigrants arrested by ICE in Wisconsin during the same period.
Benitez had no other run-ins with law enforcement that could have triggered her recent arrest, said Crystal Aguilar, her eldest daughter. In Aguilar’s view, the arrest calls into question “whether families who follow the rules can rely on the decisions made in immigration court,” she added.
She complied with all requirements following her initial release, including attending every ICE supervision appointment, according to her attorney, Marc Christopher. DHS was not legally required to arrest her while its appeal is pending, he added.
Benitez’s detention serves “no legitimate public safety purpose,” Christopher wrote in a Tuesday press release. “It separates a mother from her vulnerable U.S. citizen children despite a federal immigration judge already recognizing the extreme hardship her removal would cause them.”
DHS did not immediately respond to a request for comment Tuesday evening.
