Family of Milwaukee Woman Detained By ICE Pleads For Her Release

U.S. Immigration and Customs Enforcement

In Milwaukee, the family of a woman detained by Immigration and Customs Enforcement (ICE) joined local activists in pleading for her release. Elvira Benitez, who was born in Mexico, has never been in trouble with the law since she came to the United States 36 years ago. But Benitez was taken into custody earlier this month after a routine check-in, and transported out of state to a detention facility in Kentucky.

“I’m asking all of you to put aside your biases and put aside preconceived notions, and simply look at the facts of Elvira’s case,” said attorney Marc Christopher during a press conference Thursday. “And I think that if you look at it not through a political lens, not through a preconceived lens but through a lens of justice, integrity, and fairness…These are values our country has traditionally upheld, I think you’ll find her to be an extremely sympathetic case.”

Christopher, hoping to reach people both in and outside of the Department of Homeland Security (DHS), recounted the story of what led Benitez to America. “I want you to imagine a 15-year-old girl whose mother has died. She’s living in poverty in Mexico, and she’s facing the most extreme and terrible abuse at the hands of her own family. She then takes her 9-year-old sister and together they flee, crossing a desert with no guarantee of safety, no certainty, and nowhere to turn. It’s not a calculated decision that that 15-year-old child made. It was a decision of survival. That girl is Elvira, 36 years ago.”

When she arrived in the United States, said Christopher, “she did what we say we all value.” Benitez worked, paid her taxes, learned English, and raised four children. She became active in her church, started a small cleaning business, and never crossed paths with the law for over three decades. “Not a jaywalking ticket, not even for anything minor,” said Christopher.

Benitez’s world turned upside down last July. During a family trip to Niagara Falls, GPS led the family on a wrong turn towards Canada. After they turned around, both Benitez and her husband were detained at the border. Husband and wife were separated, one sent to northern Michigan and the other to Ohio. “The extended family was then required to travel to Michigan to pick up the two youngest children,” said Christopher. “For the next six months they had to endure something that you hope no family would have to endure — absolute separation from each other.”

Benitez was incarcerated with people who had committed serious criminal offenses. When her case was finally reviewed by an immigration judge, the judge found that Benitez was a good candidate for permanent residency. Benitez was able to go home in December, a week before Christmas, to spend time with her family. Then, on March 10, when Benitez went for a routine check-in at the ICE office. As she walked out, she was detained. The federal government had decided to appeal Benitez’s release, on the very last day they were able to do so.

Stressing that the law does not require that she be detained, Christopher asked, “What purpose does this really serve? What does it say about us as a county, and us as a society?” Benitez was shackled and shipped to Chicago, then transported to Kentucky. Christopher added that people who question why Benitez did get her citizenship after 36 years do not understand the immigration system. He said that it is not fair or practical to expect a traumatized, desperate 15-year-old girl to understand immigration laws, and that Benitez integrated into American society and followed all the rules.

Benitez’s husband and children sat beside Christopher during the press conference. “My wife is not a criminal but she is being treated that way,” her husband said, calling her detention physical and emotional abuse. Her oldest daughter, Kristal, said her mother’s case is not about politics. “it’s about being a human.” Benitez’s two youngest children, ages 11 and 12, said they miss their mother, and the 12-year-old broke down and cried.

A family friend of Benitez spoke about Benitez’s participation in church and community events, and said that she’s “ashamed of what’s going on in our country right now.” Kristal said that Benitez is having a hard time, having just endured an extended time in immigration detention last year. “She’s literally in despair,” said Kristal. “She’s having a hard time remaining strong this time around. She was getting her freedom again, and then taken again…And she’s scared. She is with the general population…So she’s terrified, scared that something might happen to her and she just wants to be home and she doesn’t see any hope.”

The federal government’s appeal of Benitez’s case could take up to 18 months, meaning she’ll likely be detained for more than a year. Christine Neumann-Ortiz, executive director of Voces de la Frontera, said that using ICE detention to crush people’s hopes is an intentional strategy of the Trump administration. Neumann-Ortiz praised the Benitez family’s bravery, saying people are often fearful of speaking out about their experiences with ICE.

Voces de la Frontera has been collecting and verifying reports of ICE arrests in Milwaukee.

In early May, the group is planning a march to Milwaukee’s federal building, calling for an end to Trump’s deportation campaign and to call for reform to the immigration system.

In an emailed statement, a DHS spokesperson described Benitez in bold black text as “an illegal alien from Mexico” and said “she will receive full due process.” The spokesperson stated, “being in detention is a choice. We encourage all illegal aliens to take control of their departure with the [Customs and Border Protection] Home app. The United States is offering illegal aliens $2,600 and a free flight to self-deport now. We encourage every person here illegally to take advantage of this offer and reserve the chance to come back to the U.S. the right legal way to live the American dream. If not, you will be arrested and deported without a chance to return.”

Family of Milwaukee woman detained by ICE pleads for her release was originally published by Wisconsin Examiner.