What was supposed to be a quick check-in with immigration authorities turned into a sudden lockup for a Sheboygan Falls mother on Tuesday morning, when U.S. Immigration and Customs Enforcement agents re-arrested 50-year-old Elvira Benitez at the Milwaukee Department of Homeland Security office. The move came months after an immigration judge canceled her deportation and indicated she could be on track for a green card, a reversal that family members say plunged their household into chaos as Benitez was transferred to a holding facility outside Chicago.
Her attorney, Marc Christopher, said he went with Benitez to the field office for what they expected to be a routine supervision appointment. Instead, he said, agents took her into custody as they were about to leave, a decision he called needless. Christopher told TMJ4 that Benitez "was doing everything that we as a society and government have asked of her" and said he had been unable to reach her after the arrest.
Benitez’s case had appeared to be moving the other way. In December, Cleveland immigration judge Richard Drucker canceled her removal and laid out a path to lawful permanent residence. According to Wisconsin Watch, the Department of Homeland Security then delayed a biometric background check and later filed an appeal, stalling that process. The outlet also reported that Benitez previously spent months in ICE custody after accidentally crossing the Canadian border and that she complied with supervision requirements following her release.
Attorneys and advocates say the re-arrest is part of a broader pattern that has strained courts and county jails across Wisconsin. Reporting republished by PBS Wisconsin shows ICE made tens of thousands of arrests in mid-2025, and that many people detained in the state had little or no criminal history, a trend legal advocates say complicates enforcement and drags out proceedings.
Legal picture
The Department of Homeland Security’s appeal means Judge Drucker’s decision to cancel Benitez’s removal is not yet final and could leave her immigration status in limbo for months. Appeals from immigration judges typically go to the Board of Immigration Appeals and other administrative channels, according to the Executive Office for Immigration Review. Wisconsin Watch reported that DHS’s appeal has effectively paused Benitez’s path to a green card while the federal government pursues further review.
Family reaction
Christopher has described the renewed detention as “unnecessary” and said it tears a mother away from her U.S.-citizen children, language included in a statement republished by Urban Milwaukee. Local reporting also noted that ICE did not immediately respond to requests for comment after the arrest, leaving Benitez’s family and attorneys without clear information on where she was being held or what comes next.
